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There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018108849 SUPPLEMENT TO THE <3 / Y EEYISED STATUTES OF THE PEOymCE OF QUEBEC 1888. •COMPRISOTO ACTS AND PARTS OF ACTS OF A PUBLIC GENBBAL NATURE WITHIN THE COMPETENCE 0» THE lEGISLATUEE, AND WHICH IT HAS NOT BEEN DEEMED ADVISABLE TO CONSOLIDATE, AS NOT BEING PERMANENT, OB AS AFFECTING ONLY PARTICULAB CASES, FOE THE REASONS MENTIONED IN APPENDIX A OF THE REVISED STATUTES OP THE PROVINCE OF QUEBEC, • [1)1 the order of the Revised Statutes^ PRECEDED BY A TABLE OF CONTENTS AND BY CERTAIN IMPERIAL STATUTES, AND FOLLOWED BY AN APPENDIX CONTAINING ACTS RESPECTING QUEBEC, MONTREAL AND CHAMBLY TURNPIKE ROADS, AND ALSO AN ALPHABETICAL AND ANALYTICAL TABLE OF THE LOCAL ACTS FROM Vlll TO 1888 INCLUSITBLT, TOGETHER WITH A SCHEDULE ■CONTAINING THE ACTS ENTERED IN THIS VOLUME, IN THE ORDER OF THE DATE OF THEIR SANCTION, AND A GENERAL INDEX. QUEBEC : FEINTED BY CHARLES »FRANgOIS LANGLOIS, PRINTER TO THE QUEEN' B MOST EXCELLENT MAJESTY. Anno Domini 1889. /^/f// TABLE OF CONITENTB [following the order adopted in the BiBVISED StAI'IJTBS OF the Province op Quebec], SHORT TITLE. TITLE I. GENERAL PROVISIONS. STATUTES. ; Consolidated Statutes of Canada.. Consolidated Statutes for Lower Ca- nada Interpretation of the Statutes of Qiie- bec Acts and enactments amended and repealed An act to render pernianent the several acts therein mentibned , Assurances on the lives of husbands and parents Replacing of destroyed originals of stiatutes Act respecting the Revised Statutes of the Province of Quebec Act respecting the Revised Statutes i of the Province of Quebec TERRITORIAL DIVISION. Division between Upper and Loii^rer Canada Registration division of Montrbal divided into three registration diVi- sibns Couhty of Levis, anutexation for regis- trjation purposes . . .■ Judicial district of Ottawa, division irito two judicial disti-iets . ..../... Year and chapter. 22 v., c. 29 C. S. L. C, c. 1 31 v., c. 7 40 v., e. 27 40 v., c. 28 41-42 v., c. 13 51-52 v., c. 3 43-44 v., c. 2 50 v., c. 5 23 v., c. 21 38 v., c. 17 23 v., c. 78 43-44. V;,,c. 7i Part inserted. ; The whole-- ' The whole. See. lO; Ss:2to5,lltol7 ' The whole. Sec. 1. Pari; of s. 1. The wholei ( The whole. The whole. Sec. 9. The whole. The whole. 1 6. II 12: 15 IS 17- 17- I* 2* 28. 29> 30 IV TABLE OF CONTENTS. SHORT TITLE. Year and chapter. Chef-lieu of the district of Ottawa, changed , CJief-lieu of the district of Kamou raska, changed Kingsey Falls annexed to the munici- pality of the township of Warwick . BOUNDARY LINES CONFISMED. Surveys in the townships of Lingwick Bury and Orford, confirmed Side lines in the township of Claren- don, in the county of Pontiac, con- firmed Sixiei. lines. .in. the township of Bristol ' 'cainfi.rmed Boundary lines .in the township of Grenville, confirmed Boundary lines in the township oi Grenville, act amended Boundary .lines in the township oi Grenville, act amended Boundary lines in the township oi West Chester, defined Boundary line between the townships of Grantham and Upton, confirmed . 49-50 v., c. 6 44-45 v., c. 23 50 v., c. 22 Part inserted. 24 v., c. 78 TITLE II. LEGISLATIVE POWER. Indemnifying members ofj the Execu- tive Council and others Disabilities arising from infringement of the Quebec ^Election Act, removed Indemnifying certain members of the Legislative Assembly ^ TITLE IlL i EXECUTIVE POWER. i. Public ofiicers, their commissions, o4ths of ofiice; security, &c 23 v., c. 83 27 v., c. 34 29-30 v., c. 85 42-43 v., c. 46 13-44 v., c. 31 45 v., c. 46 37 v., c. 18 29-30 v., c. 9 45 v., c. 6 51-52 v., c. 7 C. S, C, c. 12 The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. Sec. 7. TABLE OF CONTENTS. SHORT TITLE. Year and chapter. Part inserted. 1 TITLE IV. Public Departments and Matters ' 1 connected there"with. TREASURY DEPARTMENT. Consolidated Municipal Loan Fund. . C. S. C, c. 83 The whole. 57 Treasury Department, in connectior 1 with the Municipal Loan Fund . . . 31 v., c. 9 Sec. 32. 79 Appropriation of the price of the Que bee, Montreal.Ottawa and Occidenta 1 Eailway to the payments of th( consolidated debt of the Province . 45 v., c. 21 See title XL 79 Appropriation of the Dominion gram fc to the Government of the Province on account of the building of the Q. M. 0. & 0. Railway, to the pay ment of the consolidated debt of the Province 49-50 v., c. 2 40 v., c. 2 See title XL See title XL 80 Consolidated Railway Fund 80 Consolidated Railway Fund 41 v., c. 1 See title XI 80 Issue of Provincial debentures for the K-/ VV./ v^v^^j f p 1 m v>V payment of railway subsidies 39 v., c. 4 See title XL 80 Issue of Provincial debentures for i" payment of railway subsidies anc completion of the Quebec, Montreal Ottawa and Occidental Railway . . . 43-44 v., c. 45 See title XL 81 32 v., c. 52 33 v., c. 35 34 v., c. 21 35 v., c. 22 35 v., c. 23 36 v., c. 42 37 v., c. 2 38 v., c. 2 Various acts granting subsidies to 39 v., c. 3 railways ■< 40 v., c. 3 41 v., c. 2 43-44 v., c. 45 44-45 v., c. 3 45 v., c. 23 46 v., c. 85 49-50 v., c. 2 49-50 v., c. 76 >See titleXI. 81 49-60 v., c. 77 V. 51-52 v., c. 91 J TI TABLE OF OaNTENXS. SHORT TITLp. Year a^i chapter. Provincial loan Provincial debentures Conversion of the public debt . . . . Settlement o£ the Jesiuits' Estates . CROWN LANDS. Encouragement to Canadians in the United States, European immigrants and inhabitants of the Province, to establish themselves upon the wildi lands of the Crown Act jfor the relief of certain settlers upon Crown Lands 46 v., c. 11 50 v., c. 2 51-52 v., c. 9 51-52 v., c. 13 Parit inserted. The whole. The whole. The whole. The whole. 38 v., c. 3 48 v., c. 33 AGRICULTURE. Department of Agriculture and Public! Works and Council of Agriculture.' Encouragement of the manufacture oi; sugar from beet-root in the Province of Quebec .Subsidy for manufacture of sugar from' beet-root ' Subsidy to Beet-Sugar Company of thp Province of :Quebe|C Subsjidy granted to the Beet-SugarJ Company of the Province of Quebec. TITLE Y. : PUBLIC INSTRUCTION.* Exemption of Crown property from ta:Kation Eoy^l Institution fojr advancement of learning and McGill Colleere Iloy4.1 Institution for the .advlinoement of learning Public Instruction The whole. The whole. 36 v., c. 7 1 Ss. 6 to 9. 38 v., c. 4 39 v., c. 5 45 v., c. 24 47 v., c. 26 Ss. 1 and 2. The whole. The whole. The whole. C. S.L. C.,c.4 C.S.;L.C.,c.17 26 v., c. 6 51-52 v., c. 38 Part of sec. 2. The whole. The whole. The whole. P-i 81 82 85 86 108 110 111 112 112 113 115 116 116 121 123 » -ProFiBions respecting Quebec and Montreal. .See acta finumerated on pa-se 123 Provisions respecting Moutieal only. " " «' Provisions respecting Quebec only. " " •'' .'.'.'.'.'.'. Provisions respecting Three Rivera, " " " " [\ Provisions respecting St. Hyacinthe. " " " '"'" Provisions respecting Sherbroolce. " " " Provisions respecting Ricbmond. " " " Provisions respecting Sorcl. " ^-'■ -L • of churches and ministers, and of 27-26 v., c. 45 The whole ex- cept part re- ferring to no- taries. 130 LEGALIZATION OF IpOCUMENTS, &C., i DESTROYED BY FIRE. Loss of public records and documents occasioned by the destruction by fire of the gaol arid court-house of the district of Kamouraska 27 v., c. 26 The whole. 131 Remedy for the losses by the burning of the Quebec court-house 37 v., c. 15 The whole ex- '' cept sec. 29. 134 TITLE VII POLICE AND GOOD ORDER. •Good order in and near places of public -worship : ,47 v., c. 28 The whole. 143 •Recorder's Court at Montreal. See acts enupierated on page 141 Recorder's Court at Quebec. •' " " 141 Recorder's Court at Hull. " " " 142 jRecorder's Court at Hochelaga, " " " 142 ^ecorgi^r'sCourtatSt. H-yaeinthe. " " *' 142 VIII TABLE OF CONTENTS. SHORT TITLE. TITLE VIIL Religious Associations, &c. Lands held by religious congregations TITLE IX. RELIGIOUS MATTERS.* Parishes, churches and erection — Fa brique meetings TITLE X. LIBERAL PROFESSIONS. Land surveyors and the survey of lands Notarial Code, amended Candidates for the liberal professions who took part in the North- West expedition of 1885 Candidates for the liberal professions, Idem Year and chapter. Part inserted. 38 v., e. 33 Ss."fl, 2, 3 and 4. 144- C.S.L.C.,c.l8 45 v., e. 16 48 v., c. 35 49-50 v., c. 33 The whole Sec. 46. Ss.;'45,66,6'r,68. Ss. 2 and 3. 146.; 51-62 v., c. 43 TITLE XL Municipal Corporations, Com- panies, Societies and Clubs. 1. MUNICIPAL BODIES. Municipalities Fund, Clergy Reserves.. Registration and transfer of municipal and other debentures Municipalities and roads , , C. S. C, c. 25 C. S. C, c. 8^ C.S.L.C.,c.24 The whole. Ss. 3, 4 and 5. Sec. 1. Ss. 38 and 39, §§ 1 and 2. 152- 153 15S 154. 15e- 15r 158- • Acts civily erecting certain parishes. See acts enumerated on page 151 TABLE OF CONTENTS. IX SHORT TITLE. Municipalities taking stock in rail- ways Municipal subscriptions to railways . . Destruction of wolves 2. Companies. 1. RAILWAY COMPANIES AND SUBSIDIES. Railway Act Railway Act Railway Act Consolidated Railway Fund Consolidated Railway Fund Quebec, Montreal, Ottawa and Occi- dental Railway Quebec, Montreal, Ottawa and Occi dental Railway. Quebec, Montreal, Ottawa and Occi- dental Railway Quebec, Montreal, Ottawa and Occi dental Railway Quebec, Montreal, Ottawa and Occi- dental Railway, sale of the Western Section Quebec, Montreal, Ottawa and Occi dental Railway, sale of the Eastern Section Quebec, Montreal, Ottawa and Occi dental Railway, appropriating price of sale to payment of consolidated debt of the Province Office of Commissioner of Railways abolished SUBSIDIES TO RAILWAYS. Subsidies to certain colonization rail- ways Colonization Railway Aid Act, amend- ment Granting of certain lands in aid of railway companies Aid to railways Year and chapter. C.S.L.C.,c.25 47 v., c. 19 32 v., c. 35 C. S. C, c. 66 23 v., c. 29 24 v., c. 17 40 v., c. 2 41 v., c. 1 39 v., c. 2 41-42 v., c. 3 43-44 v., c. 44 44-45 v., c. 2 45 v., c. 19 45 v., c. 20, 45 v., c. 21 49-50 v., c. 4 32 v., c. 52 33 v., c. 35 34 v., c. 21 35 v., c. 22 Part inserted. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. TABI/S OF CONTENT.S; SHOET TITL?;. 'Granting of certain lands to the St. Francis and Megantic Internationg-l Railway Company, and the Quebec and Gosf ord Railway Company .... -Aid to certain railway companies .... Aid to certain railway companies .... ■Granting an additional subsidy to cer- tain railway companies Subsidies in money to certain railways. Issue of Provincial debentures for the payment of railway subsidies . . . Railway subsidies Railway subsidies Railway subsidies and completion of the Quebec, Montreal, Ottawa and Occidental Railway -Railway subsidies -Railway subsidies Railway subsidies .Subsidies to railways -Dominion grant to the Government for railways under the Federal Act, 47 Victoria, chapter 8, appropriated to payment of the consolidated debt .Subsidies to railways Subsidies to railways Subsidies to railways Year and chapter. 35 v., c. 23 36 v., c. 42 37 v., c. 2 38 v., c. 39 v., c. 39 v., c. 40 v., c. 41 v., c. 43-44 v., c. 45 44-45 v., c. 3 45 v., c. 23 46 v., c. 85 47 v., c. 70 2. INSURANCE COMPANIES. Mutual Fire Insurance Companies .... -Mutual Fire Insurance Companies .... 3. JOINT STOCK COMPANIES. Judicial incorporation of joint stock companies Extension to parish and township mu- nicipalities of act authorizing the establishment of joint stock, gas and water companies 3. PARTNERSHIPS. Limited partnerships 49-50 v., c. 2 49-50 v., c. 7t; 49-50 v., c. 77 51-52 v., c. 91 45 V.., c. 51 47 v., c. 76 23 v., c. 31 23 v., c. 32 C. S. C, 0. 60 The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. Ss. 75, 76, 77, 79, 80 and 81. Sec. 3. The whole. Sec. 2. Ss.l9, 20 and 21 TA-BI/E OF eONTENTS. M SHOUT TITLE. Year am^ chapter. Part inserted. TITLE XII. Matters relating to the Codes. CIVIL CODE. Codification of the laws of Lower Canada, relative to civil matters.. . . Civil Code of Lower Canada, act re- specting. C. S. L. C, c. 2 29 v., c. 41 1. OP BEAL KIGHTS AND THEIR EEGISTRA- TION. Lands in free and common soccage. . . iSeigniorial or feudal tenure, general abolition of Seminary of St. Sulpiee Partition of township lands held in common . C.S.L.C.,c.35 C.S.L.C.,c.41 C. S.L. C.,c. 42 C.S.L.C.,c.44 Monument erected at St. Foy declared to be public property Lex-JEde, repealed Ij^trait Ugnager, abolished Mining rights Cadastre Cadastre ,. . Registration dnd the books kept bjs registrars Registration of customary dowers and servitudes in certain cases , Registration of customary dowers and servitudes Registering customary dowers and servitudes 27-28 v., c. 55' C.S.L.C.,c.52 O.SL.C.,c.53 24 v., c. 31 38 v., c. 15 48 v., c. 26 32 v., c. 25 44-45 v., c. 16 46 v., c. 25 47 v., c. 15 The whole. Thewholeexcept the schedule. The whole. Ss. 1 to 29, S3 to 39, 41 to 46,' 49, 50, 54 to 58 and 60 to 92. , The whole. Ss. .6, 8 to 17. , The whole. The whole. , The whole. Sec. 2. Ss. 1, 2, 4 and 5. The whole. Ss. 7 to 9, 12 to 14. The whole ex- cept s. 5. The whole. The whole. 366 370 373 377 40& 420 423 426 425 42^ 427 428 429 431 433 435 2. EEGISTBT OFFICES. Registry offices in Quebec and Mon- Ir^al 34 v., c. 10 ThjB whole. 436 Yll TABLE OF CONTENTS. SHORT TITLE. Year and chapter. Part inserted. o Registry office at Montreal Registry office at Hull Registry office at Tadoussac, in the county of Saguenay 38 v., c. 17 36 v., c. 31 49-50 v., c. 24 3. KEEPING OP REGISTERS OP CIVIL STATUS IN CERTAIN LOCALITIES. Registers of civil status at St. Hu- bert, county of Chambly, and in R, C. Cathedral, Montreal ." 24 V., c. 28 Registers of marriages, baptisms a,nd burials, Three Rivers and St. Hya- cinthe 25 V., c. 16 Registers kept by " Catholic Apostolic Church " 31 v., c. 55 Registers kept by the " Reformed Episcopal Church in Canada " 41V., c. 39 Registers kept by the " Scandinavian Church" 42-43 V., c. 68 Registers of civil status C.S.L. C, c. 20 4. VALIDATION, LEGALIZATION, &C., OF CERTAIN DEEDS, &C. Naturalization, certain titles secured ^by Registers of marriages, baptisms and burials, Quebec, regularized Registers of civil status, legalized . . . Certain registers of civil status of the parish of Ste. Marie de Monnoir, in the county of Rouville, restored . . . Doubts respecting certain registers of civil status, in the county of Ri- mouski, removed Registers of burials kept by the Con- gregation of Notre-Dame of Mua- treal, Villa Maria, validation of Removal of doubts concerning the pub- lication of certain laws Validity of marriages solemnized in Lower Canada, by , the Religious Society of Friends called Quakers.. Titles to lands, doubts removed Titles to lands in Gasp^ validation of. C.S.L.C.,c.54 25 v., c. 17 36 v., c. 16 39 v., c. 27 39 v., c. 28 45 v., c. 38 C. S. L. C, c. 3 23 v., c. 11 32 v., c. 11 C.S.L.C.,c.38 Sec. 9. The whole. The whole. The whole. Sec. 5. The whole. The whole. The whole. Sec. 15. The whole. The whole. Ss. 6 to 11. The whole. The whole. The whole. Sec. 1. The whole. Ss. 43 and 44. The whale. TABLE OF CONTENTS. XIII SHORT TITLE. Validation o£ certain acts and docu ments executed in the district of Gaspe Validation of certain deeds and docu ments executed in the district of Gaspe Informalities in the deeds of sale of real estate given by Philip Vibert, heretofore sberiff of Gasp6, reme died Sale of immovables in the Province of Quebec by the sheriff Certain official proceedings of Charles G. Powell, deputy sheriff of the dis trict of Arthabaska, legalized Illegalities and irregularities commit ted in the offices of the sheriffs of the districts of Ottawa and Ri mouski, and in the registry offices of the counties of Bonaventure and Ottawa, and of the second registra tion district of the county of Ri mouski, remedied Certain proceedings on liquidation of building societies ratified , Rendering valid certain non-conten tious proceedings upon which stamps were not affixed by the late P. J. U. Beaudry, prothonotary of the district of Beauhamois Validity oi acts performed in Canada by certain clergymen ordained in foreign parts Certain sales of immovables belonging to successions declared valid Sale of immovables within the limits of the late parish of Montreal Sales of immovables in certain par- ishes in rural districts, legalized.. . . Validation of certain hypothecs Certain registrations rendered valid . . Certain notarial deeds confirmed Certain notarial deeds rendered valid . Certain notarial deeds rendered valid . Certain notarial deeds rendered valid . Certain notarial deeds rendered valid . Certain notarial deeds rendered valid . Certain notarial deeds rendered valid . Year and chapter. 32 v., c. 40 38 v., c. 22 38 v., c. 21 42-43 v., c. 24 44-45 v., c. 29 38 v., c. 20 42-43 v., c. 33 51-52 V.,c. 110 28 v., c. 7 41 v., c. 9 42-43 v., c. 25 49-50 v., c. 19 40 v., c. 17 47 v., c. 13 C.S.L.C.,c.74 27-28 v., c. 44 33 v., c. 23 38 v., c. 23 42-43 v., c. 36 4-45 v., c. 28 45 v., c. 31 Part inserted. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. Ss. 2 to 4. The Ss. 2, Sec The The The The The The The whole. 3 and 4. 1. whole. whole. whole. whole. whole. whole. whole. XI^ TABLE 6F CONTETrt'S. SSORT TITLE. V Certain notarial deeds, rendered valid. Certain inventories, rendered valid. . . Legalizing the proceedings of Board of Notaries Year and- chapter. CODE OF CIVIL PROCEDURE. Code of Civil Procedure, act respecting. Seizure in satisfaction of debts .... iExptoses of sales en justice Transfer of registers owing to change of jurisdiction, &c., from Circuit to Siiperior Courts, in certain places . . Transfer of registers owing to change of jurisdiction, &c., from Circuit to Superior Courts, at the chef- lieu of judicial districts Summoning of insurance companies . . . Doubts removed aS to appeals under Agricultural Act MUNICIPAL CODE. Municipal Code Reports and statistics by. municipa- lities 4V v., c. 38 36 v., c. 23 31 v., c. 31 29-30 v., c. 26 23 v., c. 25 27-28 v., c. 39 48 v., c. 23 49-50 v., c. 18 49-50 v., c. 13 24 v., c. 30 Part inserted. The whole. The whole. The whole. The whole ex- cept the sch^' dulei Sec. 1. Ss. 27, 28, 29 and 30. Ss. 2, 3 and 6. Ss. 1, 2, 3 and 4. Ss. 1, 2 and 3. Sec. 16. cs Oh 483 ,484 34 v., c. 68 Title only. 51-52 v., c. 29 Sec. 7. . 485 487 48a 489> 490- 490- 491 492. 49^ Provisions respecting cities. See acts enamerated on page Am. ProTisioQS respecting towns. " " '' '_""_ ,„?" Provisions respecting villages^ " " " !!!"!"! Iqo Provisions respecting counties. " •' « "] tqa. Provisions respecting parishes. " " « IXq^ Provisions respecting' townships! " " « '". ro? CoBipiiismg certain acts of local interest wMch have frecpieatly to bfe referred to. SHORT TITLE. Year aa4 chapter. ORDINANCES AND AfDTS OF THE QUEBEC TURNPIKE TRUST. Improvement of certain roads near Quebec Tolls On Cap Rouge Bridge Provisions of 4 V., c. 17, extended to roads north ol River St. Charles Manure, &c., exempt from tolls.. Ordinance 4 V., c. 17, amended. " 8 v., c. 55, amended A*TDiy and Na^y exempt from taxes- Acquisition of Dorchester Bridge " " (act 12 v., c. 115, amended) Exchange of Debentures, see Montreal Turnpike Acts.. Loans and extension of provisions of certain ordinances to other roads Acquisition of Montmorency Bridge Issue of debentures and certain roads placed under control of trustees Increase of tolls Division of trust •,•;•■ Abolition of exemptions, commutation and opening new roads forbidden, &c Exemption of ministers of religion from tolls Loan for repairing Dorchester Bridge Division of trust (act 20 V., c. 125, amended) Tolls on Dorchester Bridge, &c Rates of toll (23 V., c. 69, amended). Begin road North Shore Turnpike Trust (ordinance 4 V., c. 17, amended) ORDINANCES AND ACTS RELATIVE TO THE MONTREAL TURNPIKE TRUST. Improvement of certain roads near Montreal Ordinance 3 V., c. 31, amended Ordinance 3 V., c. 31, and 4 V., c. 7, amended 4 v., e. 17 4 v., c. 21 4-5 v., c. 72 7 v., c. 14 8 v., c. 55 9 v., c. 68 12 v., c. 25 12 v., c. 115 13-14 v., c. 102 13-14 v., c. 103 14-15 v., c. 132 14-15 v., c. 133 16 v., c. 235 18 v., c. 160 20 v., c. 125 23 v., c. 69 33 v., c. 34 33 v., c. 48 34 v., c. 36 41 v., c. 46 47 v., c. 81 47 v., c. 82 3 v., c. 31 4 v., c. 7 4-5 v., 0. 35 XVI TABLE OF CONTENTS. ATFE'NDIX.—ContiTmed. SHORT TITLE. Year and chapter. Manure, &c., exempt from tolls Ordinances extended to certain roads , Army and Navy exempt from tolls , Acquisition of St. Michel road and opening of Sault au-R6eollet road ; Exchange of debentures •Ordinances amended as regards Victoria road Ministers of religion exempt from tolls Arbitration authorized in cases of damage caused by extending boundaries of city of Montreal ■ORDINANCES AND ACTS RELATIVE TO MONTREAL AND CHAMBLY TURNPIKE ROADS. Improvement of certain roads between city of Mon- treal and Chambly Manure, &c., exempted from toll Ordinance 4 V., e. 16, amended , Arniy and Navy exempt from toll JSxchange of debentures Xongueuil and Chambly road placed under control of Commissioners of Public Works Ministers of religion exempt from tolls 7 v., c. 14 9 v., c. 67 12 v., c. 25 12 v., c. 120 13-14 v., c. 103 27 v., c. 32 33 v., c. 34 37V.,c.51,s.238 4 v., c. 16 620 7 v., c. 14 637 8 v., c. 56 639 12 v., c. 25 640 13-14 v., c. 103 641 606 608 611 612 615 616 617 618 13-14 v., c. 106 642 33 v., c. 34 643 CERTAIN IMPERIAL ENACTMENTS . CONCERNING THE BOUNDARIES AND CONSTITUTION OF CANADA AND THE POLITICAL BIGHTS OF HER MAJESTY'S CANADIAN SUBJECTS. {^Extracts which are pfinted at the beginning of the Statutes of Canada (1859), with notes of amendments thereto since the latter date.] Imperial Act, 14 Geo. 3, c. 83 — 1774. An act for making more effectual provision for the Government of the Province of Quebec, in North America, WHEREAS His Majesty, by his royal proclamation bearing Preamble, date the seventh day of October, in the third year of His reign, thought fit to declare the provisions which have been made in respect to certain countries, territories and islands in America, ceded to His Majesty by the definitive treaty of peace concluded at Paris on the tenth day of February, one thousand seven hundred and sixty-three ; and whereas by the arrange- ments made by the said royal proclamation, a very large extent of country, within which there were several colonies and set- tlements of the subjects of France, who claimed to remain therein under ths faith of the said treaty, was left without any provision being made for the administration of Civil Government therein ; and certain parts of the territory of Canada, where sedentary fisheries had been established and carried on by the subjects of France, inhabitants of the said Province of Canada, under grants and concessions from the Government thereof, were annexed to the Government of Newfoundland, and thereby subjected to regulations inconsistent with the nature of such fisheries ; May it therefore please Your Most Excellent Majesty that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present par- liament assembled, and by the authority of the same : 1. That all the territories, islands, and countries in North Certain terri- America, belonging to the Crown of Great Britain, bounded on jn^ ^'oreat ' the south by a line from the Bay of Chaleurs, along the high Britaia, an- lands which divide the rivers that empty themselves into the "^^^"^ t° ^^^ River Saint Lawrence from those which fall into the sea, to a Quebec, point in forty-five degrees of northern latitude, on the iCastern A X-vriii IMPERIAL ENACTMENTS. bank of the River Connecticut, keeping the same latitude directly- west, through the Lake Champlain, until, in the same latitude,, it meets the River Saint Lawrence ; from thence up the eastern bank of the said river to the Lake Ontario ; thence through the- Lake Ontario, and the river commonly called Niagara ; and thence along by the eastern and south-eastern bank of Lake Erie, following the said bank, until the same shall be intersected by the northern boundary, granted by the charter of the Province of Pennsylvania, in case the same shall be so inter- sected ; and from thence along the said northern and western boundaries of the said Province, until the said western boundary strikes the Ohio ; but in case the said bank of the said lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the north-western angle of the said Province of Pennsylvania ; and thence, by a right line, to the said north- western angle of the said Province ; and thence along the west- ern boundary of the said Province, until it strikes the River Ohio ; and along the bank of the said river, westward, to the banks of the Mississippi, and northward to the southern boundary of the territory granted to the merchants adventurers of England, trading to Hudson's Bay ; and also all such territories, islands,, and countries, which have, since the tenth of February, one thousand seven hundred and sixty-three, been made part of the Government of Newfoundland, be, and they are hereby, during His Majesty's pleasure, annexed to, and made part and parcel of the Province of Quebec, as created and established by the said royal proclamation of the seventh of October, one thousand seven hundred and sixty-three. Boundaries of 2. Provided always, that nothing herein contained, relative any other to the boundary of the Province of Quebec, shall in any wise be affected, affect the boundaries of any other colony. Not to make 3. Nothing in this act contained shall extend, or be con- righta'fo™- strued to extend, to make void, or to vary or alter any right,, erly granted, title, or possession, derived under any grant, conveyance, or otherwise howsoever, of or to any lands within the said Prov- ince, or the provinces thereto adjoining ; but that the same shall remain and be in force, and have effect, as if this act had never been made. Formerprovi- 4. And whereas the provisions, made by the said procla- sioas ifor the mation, in respect to the civil government of the said Province ofthe™roT- of Quebec, and the powers and authorities given to the Gov- ince to be emor and other civil officers of the said Province, by the grants- afterTs'tMayJ ^^^ commissions issued in consequence thereof , have been found, 1775. ' upon experience, to be inapplicable to the state and circum- stances of the said Province, the inhabitants whereof amounted,, at the conquest, to above sixty-five thousand persons professing the religion of the Church of Rome, and enjoying an established form of constitution and system of laws, by which their persons- and property had been protected, governed and ordered, for a- IMPERIAL ENACTMENTS. X'lX long series of years, from the first establishment of the said Province of Canada ; be it therefore further enacted by the authority aforesaid, that the said proclamation, so far as the same relates to the said Province of Quebec, and the commission under the aathority whereof the Government of the said Prov- ince is at present administered, and all and every the ordi- nance and ordinances made by the Governor and Council of Quebec for the time being, relative to the civil government and administration of justice in the said Province, and all commis- sions to judges and other officers thereof, be, and the same are hereby revoked, annulled, and made void, from and after the first day of May, one thousand seven hundred and seventy- five. 5. And, for the more perfect security and ease of the minds InEabitants^ of the inhabitants of the said Province, it is hereby declared, may proftss that His Majesty's subjects, professing the religion of the the Romam Church of Rome of and in the said Province of Quebec, may ^giig^o^" ^s- have, hold, and enjoy, the free exercise of the religion of the deciarecf sab- Church of Rome, subject to the King's supremacy, declared and iSF* K" ^''^ established by an act, made in the first year of the reign of macf as de-*" Queen Elizabeth, over all the dominions and countries which ciared by, the then did, or thereafter should belong, to the Imperial Crown of abeth*^ ' this realm ; and that the clergy of the said church may hold, receive, and enjoy, their accustomed dues and rights, with respect to such persons only as shall profess the said religion. 6. Provided nevertheless, that it shall be lawful for His Ma- ProTisioa jesty. His Heirs or Successors, to make such provision out of f^r^the* ™^ * the rest of the said accustomed dues and rights, for the encourage- support of a ment of the Protestant religion, and for the maintenance and 5^-^*^^^^^ support of a Protestant clergy within the said Providce, as he saiftrov- or they shall, from time to time, think necessary and expedient. '"'^®- (This does not appear to have been expressly repealed, hut is not acted upon, arid is perhaps inconsistent with later enact- ments.) 7. Provided always, that no person, professing the religion No person, of the Church of Rome, and residing in the said Province, shall ^^g Komao' be obliged to take the oath required by the said statute passed Catholic ,^ in the first year of the reign of Queen Elizabeth, or any other '^l\\^g^t(,, "° oaths substituted by any other act in the place thereof ; but take the oatB that every such person who, by the said statute, is required to* 1st Elizabeth^ take the oath therein mentioned, shall be obliged, and is hereby the following; required, to take and subscribe the following oath before the oath; Governor, or such other person in such court of record as His Majesty shall appoint, who are hereby authorized to administer the same ; videlicet : " I, A. B., do sincerely promise and swear, that I will be Oatiti " faithful, and bear true allegiance to His Majesty King George, " and him will defend to the utmost of my power, against all XK IMPEBJAL ENACTMENTS. f traitorous conspiracies^ and attempts whatsoever, which shall " be made against, his person, crown and dignity ; and I will " do my utmost endeavour to disclose and make known to His " Majesty, His Heirs and Successors, all treasons, and traitorous " conspiracies, and attempts, which I shall know to be against " him, or any of them ; and all this I do swear without any " equivocation, mental evasion, or secret reservation, and re- !' nouncing all pardons and dispensations from any power or " person whomsoever to the contrary. So help me God." Persons refus- And every such person, who shall neglect or refuse to take to^be subfect ^^^ ^^^^ ^^^^ before mentioned, shall incur and be liable to the ■to the penal- same penalties, forfeitures, disabilities, and incapacities, as he EHzab^th ^^* would have incurred and been liable to for neglecting or refusing to take the oath required by the said statute passed in the first year of the reign of Queen Elizabeth. * Her Majesty's S. His Majesty's Canadian subjects, within the Province of aubleffiif Quebec, the religious orders and communities only excepted, may O-eligious. also hold and enjoy their property and possessions, together ™nt'^dv '^' ^i^^ all customs and usages relative thereto, and all other their hold aii"their civil rights, in as large, ample, and beneficial a manner, as if property, ftc. the said proclamation, commissions, ordinances, and other acts and instruments had not been made, and as may consist with their allegiance to His Majesty, and subjection to the Crown '" tt'''^ ^^^ Parliament of Great Britain ; and in all matters of contro- to\e had' °^ versy, relative to property and civil rights, resort shall be had *«'*J»e laws to the laws of Canada, as the rule for the decision of the same ; o ana a. ^^^ ^^^ causes that shall hereafter be instituted in any of the' courts of justice, to be appointed within and for the said Prov- ince, by His Majesty, His Heirs and Successors, shall, with respect to such property and rights, be determined agreeably to the said laws and customs of Canada, until they shall be varied or altered by any ordinances that shall, from time to time, be passed in the said Province by the Governor, Lieutenant- Governor, or Commander-in-Chief, for the time being, by and with the advice and consent of the Legislative Council of the same, to be appointed in manner hereinafter mentioned. Exception aa 9. Provided always, that nothing in this act contained shall frel^'and"' extend, or be construed to extend, to any lands that have been comnion granted by His Majesty, or shall hereafter be granted by His soccage. Majesty, His Heirs and Successors, to be holden in free and •common soccage. (But see now the Provincial Stattotes in force on this subject.) iZT'V^ lO- Provided also, that it shall and may be lawful for every i^y alienate person that is owner of any lands, goods, or credits, in the said the same by Provmce, and that has a right to alienate the said lands goods ^'"- or credits, in his or her life-time, by deed of sale, gift or other- ..\^'4^-^^J^-' '=li8'Pter 12, s. 3 i B; N. A. Act 186T, schedule 5 : Imnenal Act 31-32 v., c. 72, as to oath of allegiance, and Rerued Statutes of Quebeorart. 60S. IMPERIAL KNACTMENTS. XXI wise, to devise or bequeath the same at his or her death, by his or her last will and testament, any law, usage, or custom, here- tofore or now prevailing in the Province, to the contrary hereof in anywise notwithstanding ; such will being e:^ecuted, • • either according to the laws of Canada, or according to the forms prescribed by the laws of England. {But see now the Provincial Statutes .in force on this subject.) 11. And whereas the certainty and lenity of the criminal Criminal la^ law of England, and the benefits and advantages resulting from °l f " con"** the use of it, have been sensibly felt by the inhabitants, from tinned in the an experience of more than nine years, during which it has Province, been uniformly administered ; be it therefore further enacted by the authority aforesaid, that the same shall continue to be administered, and shall be observed as law in the Province of Quebec, as well in the description and quality of the offence as in the method of prosecution and trial, and the punishments and forfeitures thereby inflicted, to the exclusion of every other rule of criminal law, or mode of proceeding thereon, which did or might prevail in the said Province before the year of our Lord, one thousand seven hundred and sixty-four, anything in this act to the contrary thereof in any respect notwithstand- ing ; subject nevertheless to such alterations and amendments as the Governor, Lieutenant-Governor, or Commander-in-Chifef for the time being, by and with the advice and consent of the Legislative Council of the said Province, hereafter to be appointed, shall, from time to time, cause to be made therein, in manner hereinafter directed. (See, as to Upper Canada, the act of that Province, Jfi G. 3, c. 1, s. 1, adopting tlie criminal law of England as it stood on 7th Sept., 1.179:8, subject to any alteration to be made by the Pro- vincial Legislature. This section still applies to Lower Ga-^ nada, subject to the alterations made in the English criminal law, by subsequent provincial enactrfients.) (Sections 12, 13, IJ)., 15 and 16, related to the constitution and powers of the Legislative Council for the Province, and were repealed by 31 G. 3, c. 31, s. l.f IT. Nothing herein contained shall extend, or be construed Nothinghere- to extend, to prevent or hinder His Majesty, His Heirs and Hi3°MajMty'' Successors, by his or their letters-patent under the great seal of from appoint- Great Britain, from erecting, constituting, and appointing, such t^"''"!*^^ • courts of criminal, civil, and ecclesiastical jurisdiction within ofScers, under and for the said Province of Quebec, and appointing, from time the great to time, the judges and officers thereof, as His Majesty, His ^^^ ' Heirs and Successors, shall think necessary and proper for the circumstances of the said Province. *' See B. N. A. Act 1867 and amendments at commencement of Revised Statutes of Quebec. ^XII IMPERIAL ENACTMENTS. All acta form- 18. Provided always, that nothing in this act contained erly made for ghall extciid, or be construed to extend, to repeal or make voia, TXT<o within the said Province of Quebec, any act or acts of the remain in Parliament of Great Britain heretofore made,iov prohibiting, ^e«S. restraining, or regulating the trade or 'r^^^.'-^^^.^f ^^J ^^^^ iesty's colonies and plantations in America ; but that all ana every the said acts, and also all acts of Parliament heretoiore made concerning or respecting the said colonies and plantations, shall be, and are hereby declared to be in force withm -the said Province of Quebec, and every part thereof. (It seems unUlcely that there are any acts to which this section can apply.) Imp. Act, 18 Geo. 3, c. 12—1778. An act for removing all doubts and- apprehensions concerning taxation by the Parliament of Great Britain in any of the colonies, provinces, and plantations in North America and the West Indies; and for repealing so much of an act made in the seventh year of the reign of His present Majesty, as imposes a duty on tea im- ported from Great Britain into any colony or plantation in America, or relates thereto. Preamble. TTSTHEREAS taxation by the Parliament of Great Britain, ' * for the purpose of raising a revenue in His Majesty's • colonies, provinces, and plantations in North America, has been found by experience to occasion great uneasinesses and disor- ders among His Majesty's faithful subjects, who may never- theless be disposed to acknowledge the justice of contributing to the common defence of the empire, provided such contribu- tion should be raised under the authority of the general court, or general assembly of each respective colony, province, or plantation ; and whereas, in order as well to remove the said uneasinesses, and to quiet the minds of His Majesty's subjects who may be disposed to return to their allegiance, as to restore the peace and welfare of all His Majesty's dominions, it is ex- pedient to declare that the King and Parliament of Great Bri- tain will not impose any duty, tax, or assessment, for the pur- pose of raising a revenue in any of the colonies, provinces, or plantations ; May it please Your Majesty that it may be declared and enacted, and it is hereby declared and enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of thc' same: No tax to be 1. That from and after the passing of this act, the King and ^impoaedon Parliament 0fGrea;t Britain will not impose any duty, tax, or IMPERIAL ENACTMENTS. XXIH :assessment whatever, payable in any of His Majesty's colonies, the colonies . provinces, and plantations in North America or the West Indies, ^^nt oforeat except only such duties as it may be expedient to impose for Britain, the regulation of commerce : the net produce of such duties to Except duties •'be always paid and applied to and for the use of the colony, [aticm o™^"" province, or plantation, in which the same shall be respectively trade to be levied, in such manner as other duties collected by the authority WP^j^^ ^9^ of the respective general courts, or general assemblies of such colony, -colonies, provinces, or plantations, are ordinarily paid and applied. 2. That from and after the passing of this act, so much of an T Geo. 3, c. act made in the seventh year of His present Majesty's reign, inti- '^®' '^^P®*^*^- tuled : " An act for granting certain duties in the British colo- nies and plantations in America ; for allowing a drawback of the duties of customs upon the exportation from this Kingdom of coffee and cocoa-nuts of the produce of the said colonies or jplantations ; for discontinuing the drawback payable on China earthenware exported to America ; and for more effec- . tually preventing the clandestine running of goods in the said ■colonies and plantations," as imposes a duty on tea imported fiom Great Britain into any colony or plantation in America, • or has relation to the said duty, be, and the same is hereby .repealed. * Imp. Act, 31 Geo. 3, c. 31—1791. -An act to repeal certain parts of an act, passed in the fourteenth year of His Majesty's reign, inti- tuled : " An act for making more effectual provi- sion for the Government of the Province of Que- ibec, in North America;" and to make further 'provision for the G-overnment of the said Prov- ince. WHEREAS an act was passed in the fourteenth year of Preamble, the reign of His present Majesty, intituled : "An act for 14 G. 3, c. 83, .miaking more effectual provision for the Government of the Prov- ince of Quebec, in North America ; " and whereas the said act ;~is in many respects inapplicable to the present condition and ' circumstances of the said Province ; and whereas it is expedient . and necessary that further provision should now be made for '.'the good government and prosperity thereof ; May it therefore please your Most Excellent Majesty that it may be enacted ; and be it enacted by the King's Most Excellent Majesty, by and "with the advice and consent of the Lords Spiritual and "Temporal, :and Commons, in this present Parliament assembled, and by the authority of the same : ** This section 2 is repealed by the Imperial Act 34-35 V., c. 116. XXIV IMPERIAL ENACTMENTS. So much of tlie said act ais relates to the appoint- ment of a council for the Province of Qnebec, repealed. Recita 1 of — act 14 G. 3, c. 83 — and Instructions to Guy Car- leton, Esquire — and 1. That SO much of the said act as in any manner re\a,pep tc the appointment of a council for th6 affairs of thpsaid Provmce of Quebec, or to the power given by the said act to the said council, or to the major part of them, to make ordinances fqr- the peace, welfare, and good government of the said Province, with the consent of His Majesty's Governor, Lieutenant-Gover- nor, or Commander-in-Chief for the time being, shall be, and the same is hereby repealed. * (Sections ^ to 32, loth inclusive, related to the constitution of a Legislative Council and Legislative Assembly in JJjyper and Lower Canada respectively, and are repealed by the Union Act (3-4. v., c. 35, s. £.) — Sect. 33 merely continues laws then in force until otherwise ordered by the Legislature of either Prov- ince respectively.) * (Sect. 34 made the Governor, &c., and the Executive Council,, in either Province, a Provincial Court of Appeal. But other provision has been made in both U. C. and L. C. under the power given to the Legislature by that section.) * 35. And whereas, by the above mentioned act, passed in the fourteenth year of the reign of His present Majesty, it was declared, that the clergy of the Church of Rome, in the Prov- ince of Quebec, might hold, receive, and enjoy, their accus- tomed dues and rights, with respect to such persons only as ■ should profess the said religion ; provided, nevertheless, that it/ should be lawful for His Majesty, His Heirs or Successors, to make such provision out of the rest of the said accustomed'. dues and rights, for the encouragement of the Protestant reli- gion, and for the maintenance and support of a Protestant clergy within the said Province, as he or they should from time to time think necessary and expedient ; and whereas by His Majesty's royal instructions, given under His Majesty's royal sign manual on the third day of January, in the year of Our Lord, one thousand seven hundred and seventy-five, to Guy Carleton, Esquire, now Lord Dorchester, at that time His- Majesty's Captain General and Governor-in-Chief in and over His Majesty's Province of Quebec, His Majesty was pleased, amongst other things, to direct : " That no incumbent professing the religion of the Church of Rome, appointed to any parish in the said Province, should be entitled to receive any tythes for lands or possessions occupied by a Protestant, but that such tythes should be received by such persons as the said Guy Carleton, Esquire, His Majesty's Captain General and Governor- in-Chief in and over His Majesty's said Province of Quebec^ should appoint, and should be reserved in the hands of His- Majesty's Receiver General of the said Province, for the support, of a Protestant clergy in His Majesty's said Province, to be * Sections 1 to 34 inclusively are repealed by the Imperial Act 34-35 V., c. 116. SeeB.N. A, Act 1867. and UMmendments at beginning of Revised Statutes or Quebec. I^PEEIAX ENACTMENTS. S^^ actually resident within the same, and not otherwise, ajccprding to such directions as the said Guy Carleton, Esquire, His I^jesty's Captain General and Governor-in-Chief in and ovpr His Majesty's said Province, should receive from His Majesty in that behalf ; and that in like manner all growing rents and profits of a vacant benefice should, during such vacancy, be reserved for and applied to the like uses ;" and whereas His instruotions Majesty's pleasure has likewise been signified to the same Hck'nauu" effect in His Majesty's royal instructions, given in like manner mand and to Sir Frederick Haldimand, Knight of the Most Honorable Order CarSty,_ . of the Bath, late His Majesty's Captain General and Governor-in- Chief in and over His Majesty's said Province of Quebec; and also in His Majesty's royal instructions, given in like manner to the said Right Honorable Guy, Lord Dorchester, now His Majesty's Captain General and Govemor-in-Ohief in and over His Majesty's said Province of Quebec, — be it enacted by the authority aforesaid, that the said declaration and provision A""^ l^^ '^^■, contained in the said above mentioned act, and also the said provision provision so made by His Majesty in consequence thereof, by therein re- his instructions above recited, shall remain and continue to be cie^rgy"ff the of full force and effect in each of the said two Provinces of Church of Upper Canada and Lower Canada respectively, except in so ^nugln'fo'rcer far as the said declaration or provisions respectively, or any part thereof, shall be expressly varied or repealed by any act or acts which may be passed by the Legislative Council and Assembly of the said Provinces respectively, and assented to by •His Majesty, His Heirs or Successors, under the restriction hereinafter provided. (But tythes were abolished in IT. G. hy 2 0. 4, o. 32, and are not paid in L. G. by Protestants, so that the section seems- unlikely to have any effect except as maintaining the Roman Catholic clergy in L. G. in their right to tythes from, Rovian Gatholics.) (Sections 36, 37, 38, 39, Jfi, 4-1, related to the reservation of lands for the support of a Protestant clergy, and the endowment of rectories. The Imp. Act 3-4 V., c. 78, s. 11, repeals so much of this act as relates to any such reservation thereafter to be made;—^and the Prov. Act 14-15 V., c. 175, repeals ss: 38, 39> and 40 of this act relating to the establishment of rectories,, saving past rights if found valid, and directing how the pre- sentation to any rectory, which is found to have been legally established, shall thereafter be Tnade. The said Provincial Act was passed under the authority given by s. 4^ of the act now under consideration.) * 41. The several provisions hereinbefore contained, respecting Provisions the allotment and appropriation of lands for the support of a [^e^'allotaenft Protestant clergy within the said Provinces, and also respecting of lands fo^ * S,ection3 1, 2 and 3 of the act 14-15 V., c. 115, are reproduced as to rectories ia chapter 74 C. S. C. and articles 3439 to 3442 R. S. Q. XXVI the support of a Protest- ant clergy, &C.J may be varied or repealed by the Legislat- ive Council aoradaissembly. liands in Upper Cana- da to be granted in -free and common soo- cage.and also in Lower Canada, if ^esired. IMPERIAL ENACTMENTS. the constituting, erecting, and endowing parsonages or rectories within the said Provinces, and also respecting the presentation of incumbents or ministers to the same, and also respecting the manner in which such incumbents or ministers, shall hold and enjoy the same, shall be subject to be varied or repealed by any- express provisions for that purpose, contained in any act or acts which may be passed by the Legislative Council and Assembly of the said Provinces respectively, and assented to by His Majesty, His Heirs or Successors, under the restriction herein- after provided.* (Section J^, reqvAring that certain bills respecting ecclesias- tical rights and waste lands of the Crown, should be reserved and laid before Parliament before being assented to, applied only to bills of the Parliament of U. G. or of L. C., and the section of the Union Act (4£J making like provision as to bills of the Legislature of Canada, is repealed by the Imp. Act 17-18 v., c. 118, s. 6, which enables Her Majesty to assent to any bill of the Canadian Legislature, without its being laid before the Imp. Parliament, and the Governor to assent to any bill without reserving it for the signification of Her Majesty's pleasure).* 43. All lands which shall be hereafter granted within the said Province of Upper Canada, shall be granted in free and common soccage, in like manner as lands are now holden in fre^ and common soccage, in that part of Great Britain called Eng- land ; and in every case where lands shall be hereafter granted within the said Province of Lower Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, the same shall be so granted ; but subject nevertheless to such alterations, with respect to the nature and consequences of such tenure of free and common soccage, as may be established by any law or laws which may be made by His Majesty, His Heirs or Successors, by and with the advice and consent of the Legislative Council and Assembly of the Province. Persons hold- img lands in Upper Cana- da may have fresh grants thereof .1 44. If any person or persons holding any lands in the said Province of Upper Canada, by virtue of any certificate of oc- cupation derived under the authority of the Governor and Council of the Province of Quebec, and having power and authority to alienate the same, shall, at any time, from and after the commencement of this act, surrender the same into the hands of His Majesty, His Heirs or Successors, by petition to the Governor or Lieutenant-Governor, or person adminis- tering the Government of the said Province, setting forth that he, she, or they, is or are desirous of holding the same in free and common soccage, such Governor, Lieutenant-Governor, or * Sections 41 and 42 are repealed by the Imperial Act 34-35 V.. c. 116. &eB. N. A. Act 1867 and amendments at beginning of Revised Statutes of iQuebec. IMPERIAL ENACTMENTS. XXVII person administering the Government, shall thereupon cause a fresh grant to be made to such person or persons of such lands, to be holden in free and common soccage. 45. Provided nevertheless, that such surrender and grant Such fresh shall not avoid or bar any right or title to any such lands so f vo^d^or'bar'' surrendered, or any interest in the same, to which any person any title to or persons, other than the person or persons surrendering the {^^^g same, shall have been entitled, either in possession, remainder, or reversion, or otherwise, at the time of such surrender ; but that every such surrender and grant shall be made subject to every such right, title and interest, and that every such right, title or interest, shall be as valid and effectual as if such sur- render and grant had never been made. (It is iTnprobable that any eases noro remavn, to which the two next preeeding clatises can apply.) (Sections 46 and ^7 referred to ike Imp. Act 18 Oeo. S, c. 12, amd were to the same effect and in the same terms as section 43 of the Union Act (3-4 V., c. 35), which applies to the now Provvnce of Canada).* (Sections 48, ^5 and SO were mere teTniporary provisions re- lating to the coming into force of the act and matters prelim- inary thereto.)* Imp. Act, 3-4 V., c. 3.5— 1840.t An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Ca- nada. WHEREAS it is necessary that provision be made for the Preamble, good government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the rights and liberties and promote the interests of all classes of Her Maj- esty's subjects within the same ; and whereas to this end it is expedient that the said provinces be re-united and form one province for the purposes of Executive Govei-nment and Legis- lation ; Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, • These sections 46, 47, 48, 49 and 50 are repealed by the Impsrial Act 34-35 V., c. 116. t This act-is repealed by the Imperial Act 37-38 V., c. 96, with the exception of gectioDS 28, 29 and 60. See B. N. A. Act 1867 and amendments at beginning of Revised Statutes of Quebec. :^xvm IMPERIAL ENACTMENTS. Bepeal of acts 31 G. 3, c. 31, 1-2 v., c. 9, 2-3 v., c. 53, 1-2 W. 4, c. 23. gild by the authority o£ the sa,nie, that it shall be lawful ler Declaration Her Majesty, with the advice of Her Privy Council, to declare, of union. or to authorize the Governor General of the said two Province of Upper and Lower Canada to declare, by proclamation, that the said provinces, upon, from, and after a certain day in such prQclam?ition to be appointed, which day shall be within fifteen calendar months next after the passing of this act, shall forrU' and be one province, under the name of the Province of Camtd^* and thenceforth the said provinces shall constitute and be one province, under the name aforesaid, upon, from, and after the day so appointed as aforesaid. 2. So much of an act passed in the session of Parliament held in the thirty-first year of the reign of King George the Third, intituled: "An act to repeal certain parts of an act passed ; in the fourteenth year of His Majesty's reign, intituled: 'An act for making more effectual provision for the Government of the Province of Quebec, in North America, and to malce fur- ther provision for the Government of the said Province,' " as provides for constituting and composing a Legislative Council, and Assembly within each of the said provinces respectively, and for the making of laws ; and also the whole of an act passed in the session of Parliament held in the first and second years of the reign of Her present Majesty, intituled: "An act to make temporary provision for the Government of Lower Canada ;" and also the whole of an act passed in the session of Parliament held in the second and third years of the reign of Her present Majesty, intituled : " An act to amend an act of the last session of Parliament, for making temporary provision for the Government of Lower Canada ; " and also the whole of an act passed in the session of Parliament held in the first and second years of the reign of His late Majesty King William 14 G. 3, c. 88. the Fourth, intituled : "An act to amend an act of the fourteenth, year of His Majesty King George the Third, for estahliHhimg a fund towards defraying the charges of the adviinistration of justice and the support of Civil Government in the Province of Quebec, in America," shall continue and remain in force unt2 the day on which it shall be declared, by proclamation as afore- said, that the said two provinces shall constitute and be one province as aforesaid, and shall be repealed on, from, and after Proviso. such day ; provided always, that the repeal of the said several acts of Parliament and parts of acts of Parliament shall not he held to revive or give any force or effect to any enactment which has, by the said acts, or any of them, been repealed or determined. Composition 3. From and after the re-union of the said two Provinces LegisKI. ^^^^^ shall be within the Province of Canada one Legislative Council and one Assembly, to be severally constituted! and composed in the manner hereinafter prescribed, which shall be called " The Legislative Council and Assembly of Carnal ;" and, within the Province of Canada, Her Majesty shall have power, by and with the advice and consent of the said L^gf IMPERIAL ENACTMEKTS. XXlX lative Council and Assembly, to make laws for the peace, wel- fare, and good government of the Province of Canada, such laws not being repugnant to this act, or to such parts of the said act passed in the thirty-first year of the reign of His said late Majesty as are not hereby repealed, or to any act of Par- liament made or to be made, and not hereby repealed, which •does or shall, by express enactment or by necessary intendment, extend to the Provinces of Upper and Lower Canada, or to eiiiher of them, or to the Province of Canada ; and that all such laws being passed by the said Legislative Council and Assembly, and assented to by Her Majesty, or assented to in Her Majesty's name by the Governor of the Province of Canada, shall be valid and binding to all intents and purposes within the Province of Canada. 4. For the purpose of composing the Legislative Council of Appointment the Province of Canada, it shall be lawful for Her Majesty, counliUors!* before the time to be appointed for the first meeting of the said Legislative Council and Assembly, by an instrument under the sign manual, to authorize the Governor, in Her Majesty's name, by an instrument under the great seal of the said Province, to summon to the said Legislative Council of the said Province, such persons, being not fewer than twenty, as Her Majesty shall think fit ; and it shall also be lawful for Her Majesty from time to time to authorize the Governor in like manner to sum- mon to the said Legislative Council such other person or per- sons as Her Majesty shall think fit, and every person who shall be so summoned, shall thereby become a member of the Legis- lative Council of the Province of Canada ; provided always, Qualification that no person shall be summoned to the said Legislative °^ uuliUorM Council of the Province of Canada, who shall not be of the fuU age of twenty-one years, and a natural-born subject of Her Majesty, or a subject of Her Majesty naturalized by act of the Parliament of Great Britain, or by act of the Parliament of the United Kingdom of Great Britain and Ireland, or by an act of the Legislature of either of the Provinces of Upper or Lower Canada, or by an act of the Legislature of the Prov- ince of Canada. •* (But, as to this and the other sections relating to members of the Legislative Council, see the Provincial Act 19-20 V., c. llfi, making all future vnemhers elective, but continuing members theretofore appovnted subject to the provisions of this act. As regards elective members, see the said act 19-W V., c. IJfi.) * 5. Every member of the Legislative Council of the Province Tenure of of Canada, shall hold his seat therein for the .term of his life, councillor. but subject nevertheless to the provisions hereinafter contained for vacating the same. • See C . S. 0., chapter 1, and amendments reproduced in articles 19 and following R. S. Q. XXX IMPERIAL ENACTMENTS. Eesignation 6. It shall be lawful for any member of the Legislative of Legisiatiye Council of the Province of Canada, to resign his seat in the ouncillor. ^^.^ Legislative Council, and upon such resignation the seat of such Legislative Councillor shall become vacant. Vacating seat by absence, adhesion to a foreign state, bankruptcy, &c. 7. If any Legislative Councillor of the Province of Canada, shall for two successive sessions of the Legislature of the said Province, fail to give his attendance in the said Legislative Council, without the permission of Her Majesty or of the Governor of the said Province, signified by the said Governor to the Legislative Council, or shall take any oath or make any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power, or shall do, concur in, or adopt any act whereby he may become a subject or citizen of any foreign state or power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power, or shall become bankrupt, or take the benefit of any law relating to insolvent debtors, or become a public defaulter, or be attainted of treason, or be convicted of felony or of any infamous crime, his seat in such Council shall thereby become vacant. 8. Any question which shall arise respecting any vacancy in the Legislative Council of the Province of Canada, on occa- sion of any of the matters aforesaid, shall be referred by the Governor of the Province of Canada to the said Legislative Council, to be by the said Legislative Council heard and deter- mined ; provided always, that it shall be lawful, either for the person respecting whose seat such question shall have arisen, or for Her Majesty's Attorney General for the said Province on Her Majesty's behalf, to appeal from the determination of the said Council in such case to Her Majesty, and that the judg- ment of Her Majesty, given with the advice of Her Privy Council thereon, shall be final and conclusive to all intents and purposes. Appointment 9. The Governor of the Province of Canada shall have of bpealter. power and authority from time to time, by an instrument under the great seal of the said Province, to appoint one member of the said Legislative Council, to be Speaker of the said Legislative Council, and to remove him, and appoint another in his stead. Trial of questions as to vacancies. Proviso : ap- peal to Her Ma,jesty in Privy Coun- cil. Quorum, divisions, casting vote. lO. The presence of at least ten members of the said Legis- lative Council, including the Speaker, shall be necessary to constitute a meeting for the exercise of its powers ; and all questions which shall arise in the said Legislative Council, shall be decided by a majority of voices of the members present other than the Speaker, and when the voices shall be equal the Speaker shall have the casting vote. t?e AsteiSfly ^ ^ } ^^"^ ^^''^ purpose of constituting the Legislative Assembly •'• ot Ihe Frovmce of Canada, it shall be lawful for the Governor IMPERIAL ENACTMENTS. XXXI of the said Province, within the time hereinafter mentioned, and thereafter from time to time as occasion shall require, in Her Majesty's name, and by an instrument or instruments under the great seal of the said Province, to summon and call together a Legislative Assembly in and for the said Province. 12. In the Legislative Assembly of the Province of Canada, Representa- to be constituted as aforesaid, the parts of the said Province upper and which now constitute the Provinces of Upper and Lower Lower Cana— Canada respectively shall, subject to the provisions hereinafter ^^ ^°^^ contained, be represented by an equal number of representa- tives, to be elected for the places and in the manner hereinafter mentioned. (Sections 13 to 26, both inclusive, relating to — boundaries of constituencies in U. C. and L. C. — returning officers, — writs of election — and ti/me and place of holding elections — are super- seded by the Provincial Acts 16 V., c. 15^,-12 V., c. S7,—U-15 v., c. 108, &c., passed under the powers given by section 26 of this act — except the provision in section 2^ referred to in sec- tion 15 of chapter 3 of the Consolidated Statutes of Canada, and requi/ring that in cases of vacancy " the writ for the elec- tion of a new member shall be issued within six days after notice thereof shall have been delivered to or left at the office of the proper officer for issuing such writs of election.")* 26. It shall be lawful for the Legislature of the Province of Power to Canada, by any act or acts to be hereafter passed, to alter the of*rep?e^^^ divisions and extent of the several counties, ridings, cities, tation. and towns which shall be represented in the Legislative Assembly of the Province of Canada, and to establish new and other division of the same, and to alter the apportionment of representatives to be chosen by the said counties, ridings, cities, and towns respectively, and made a new and different apportionment of the number of representatives to be chosen in and for those parts of the Province of Canada which now constitute the said Provinces of Upper and Lower Canada re- spectively, and in and for the several districts, counties, ridings, and towns in the same, and to alter and regulate the appoint- ment of returning officers in and fgr the same, and make pro- vision, in such manner as they may deem expedient, for the issuing and return of writs for the election of members to serve in the said Legislative Assembly, and the time and place of holding such elections. (The proviso to this section, that a bill for altering the num- ber of representatives, must be passed by a two-third vote in each House, &c., is repealed by the Imperial Act 17-18 V., c. 118, s. 5.) t • 5ee chapters 2 and 6 0. S. 0. and amendments, and articles 296 and foLR. S. Q. t This act 17-18 V., c. 118, and the said section 21, are replaced by B. N. A. j^ct 1867 and amendments printed at the begining of the Revised Statutes of Quebec. XXXII IMPERIAL ENACTMEN*rS. Qualification •of members, declaration of «andidates for election. (Sect%ow27, continuing pro-oincial laws' telatime to elections, returning officers, controverted elections, vacating seats of mem- bers, &c., and declaring them applicable to- elections, &c., under this ctct, unl^l other provision should bi} made by the Provincial Legislature, — is superseded by the provincial enactments on those subjects.) * 28. No person shall be capable of being elected a meimber of the Legislative Assembly of the Province of Canada, who shall not be legally or equitably seized as of freehold, for his own use and benefit, of lands or tenements held in free and common soccage, or seized or possessed, for his own use and benefit, of lands or tenements held in _/ie/ or in rofure, within the said Province of Canada, of the value of five hundred pounds of sterling money of Great Britain, over and above all rents, charges, mortgages, and incumbrances charged upon and due and payable out of or affecting the same ; and every can- didate at such election, before he shall be capable of being elected, shall, if required by any other candidate, or by any elector, or by the returning officer, make the following declara- tion : The declara- tion. Persons mak- ing false de- clarations liable to the penal, ies of perjury. " I, A. B., do declare and testify, that I am duly seized at " law or in equity as of freehold, for my own use and benefit, " of lands or tenements held in free and common soccage [or " duly seized or possessed, for my own use and benefit, of lands " or tenements held in fief or in roture (as the case may be),] " in the Province of Canada, of the value of five hundred " pounds of sterling money of Great Britain, over and above " all rents, mortgages, charges, and incumbrances charged upon " or due and payable out of or affecting the same ; and that I " have not collusively or colourably obtained a title to or become " possessed of the said lands and tenements, or any part thereof, " for the purpose of qualifying or enabling me to be returned a " member of the Legislative Assembly of the Province of " Canada." (And see Provincial Act 12 F., c. 27, s. 48, requiring a description of the property, and s. 49, as to the mode ofmaJcing and filing the declaration.) f 29. If any person shall- knowingly and wilfully make a false declaration respecting his qualification as a candidate at any election as aforesaid, such person shall be deemed to be guilty of a misdemeanor, and being thereof lawfully convicted shall suffer the like pains and penalties as by law are incurred by persons guilty of wilful and corrupt perjury in the place in which such false declaration shall have been made, f ilTQi,^*^*.^^'^^ !■' '^- "^' ^^^ *« ^^'"1 section 21, are replaced by B. N. A. Quebec ^^s^'iments printed at the begining of the Revised Statutes of t Sections 28 and 29are not repealed by the Imperial Act 3T-38 V., c. 96, but have nn effect as regards the Province of Quebec in view oftheaCt of its Legislature IMPERIAL ENACTMENTS. XXXIII 30. It shall be lawful for the Governor of the Province of Place and . Canada for the time being to fix such place or places within w pa°iu^'"^" any part of the Province of Canada, and such tiines for hold- ment. ing the first and every other session of the Legislative Council -and Assembly of the said Province as he may think fit, such times and places to be afterwards changed or varied as the ■Governor may judge advisable and most consistent with general •convenience and the public welfare, giving sufficient notice thereof ; and also to prorogue the said Legislative Council and Assembly from time to time, and dissolve the same, by procla- mation or otherwise, whenever he shall deem it expedient. < 31. There shall be a session of the Legislative Council and Duration of Assembly of the Province of Cavxida once at least in every Parliament, year, so that a period of twelve calendar months shall not in- tervene between the last sitting of the Legislative Council and Assembly in one session and the first sitting of the Legisla- tive Council and Assembly in the next session ; and every Legislative Assembly of the said Province hereafter to be sum- moned and chosen shall continue for four years from the day ■of the return of the writs for choosing the same, and no longer, • subject nevertheless to be sooner prorogued or dissolved by the ■Governor of the said Province. (Section 32, fixing the period iJ0ithi/n which the first session should be held, is effete.) 33. The members of the Legislative Assembly of the Prov- Election of ince of Canada shall, upon the first assembling after every ^^^ Speaker, general election, proceed forthwith to elect one of their number to be Speaker ; and in case of his death, resignation, or removal hj a vote of the said Legislative Assembly, the said members shall forthwith proceed to elect another of such members to be such Speaker ; and the Speaker so elected shall preside at all meetings of the said Legislative Assembly. 34. The presence of at least twenty members of the Legisla- Quorum tive Assembly of the Province of Canada, including the Speak- er, shall be necessary to constitute a meeting of the said Legislative Assembly for the exercise of its powers ; and all Division, questions which shall arise in the said Assembly shall be decided by the majority of voices of such members as shall be present, other than the Speaker, and when the voices shall be Casting vote, equal, the Speaker shall have the casting voice. 33. No member, either of the Legislative Council or of the No member to Legislative Assembly of the Province of Canada, shall be per- ^'*,?,'' J°i® mitted to sit or vote therein until he shall have taken and taken the subscribed the following oath before the Governor of the said following Province, or before some person or persons authorized by such wjance'! " Governor to administer such oath : B jXXIV IMPERIAL ENACTMENTS. Oathof alle- " I, A. B., do sincerely promise and swear, That I will b& giance. <. faithful and bear true allegiance to Her Majesty C^ueen " Victoria, as lawful Sovereign of the United Kingdom of Great "Britain and Ireland, and of this Province of Canada " dependent on and belonging to the said United Kingdom ; and " that I will defend Her to the utmost of my power agamst- " all traitorous conspiracies and attempts whatever which shall " be made against Her Person, Crown, and Dignity ; and that " I will do my utmost endeavour to disclose and make known " to Her Ma-jesty, Her Heirs and Successors, all treasons and: '• traitorous "conspiracies and attempts which 1 shall know to- •' be against Her or any of them ; and all this I do swear "without any equivocation, mental evasion, or secret reserva- •• tion, and renouncing all pardons and dispensations from any " person or persons whatever to the contrary. So help me " God." * Affirmation 36. Every person authorized by Uw to make an affirmation instead of instead of taking an oath may make such affirmation m every "**■ case in which an oath is hereinbefore required to be taken. Giving or 37. Whenever any bill which has been passed by the Legis- withhoiding jative Council and Assembly of the Province of Canada shall assent to biUa. ^^ presented for Her Majesty's assent to the Governor of the said Province, such Governor shall declare, according to his- discretion, but subject nevertheless to the provisions contained.. in this act, and to 'such instructions as may from time to time- be given in that behalf by Her Majesty, Her Heirs or Succes- sors, that he assents to such bill in Her Majesty's name, or- that he withholds Her Majesty's assent, or that he reserves such bill for the signification of Her Majesty's pleasure thereon. Disallowance 38. Whenever any bill which shall have been presented for of bills as- Her Majesty's assent to the Governor of the said Province of sented to. Q^^a^^, shall by such Governor have been assented to in Her- Majesty's name, such Governor shall, by the first convenient, opportunity, transmit to one of Her Majesty's principal Secre- taries of State an authentic copy of such bill so assented to ;. and it shall be lawful, at any time within two years after such bill shall have been so received by such Secretary of State, for- Her Majesty, by Order in Council, to declare her disallowance of such bill ; and such disallowance, together with a certificate under the hand and seal of such Secretary of State, certifying- the day on which such bill was received as aforesaid, being- signified by such Governor to the Legislative Council and Assembly of Canada, by speech or message to the Legislative Council and Assembly of the said Province or by proclamation, shall make void and annul the same from and after the day of such signification.. &e B. N. A. Act 1867, schedule 5, and 31-32 V., o. 72. IMPERIAL ENACTMENTS. XXXV 39. No bill which shall be reserved for the signification of A-ssent to Her Majesty's pleasure thereon shall have any force or authority ^^^^ reserved. within the Province of Canada until the Governor of the said Province signify, either by speech or message to the Legislative Council and Assembly of the said Province, or by prodamation, that such bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same ; and an entry shall be made in the journals of the said Legislative Council of every such speech, message, or proclamation, and a duplicate thereof, duly attested, shall be delivered to the proper officer, to be kept among the records of the said Province ; and no bill which shall be so reserved as aforesaid shall have any force or authority in the said Province unless Her Majesty's assent thereto shall have been so signified as aforesaid within the space of two years from the day on which such bill shall have been presented for Her Majesty's assent to the Governor as aforesaid. 40. Nothing herein contained shall be construed to limit or Authority of restrain the exercise of Her Majesty's prerogative in authorizing, *^^ Gover- and notwithstanding this act, and any other act or acts passed in the Parliament of Great Britain, or in the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of the Province of Quebec, or of the Provinces of Upper or Lower Canada respectively, it shall be lawful for Her Majesty to authorize the Lieutenant-Governor of the Prov- ince of Canada to exercise and execute, within such parts of the said Province as Her Majesty shall think fit, notwith- standing the presence of the Governor within the Province, such of the powers, functions, and authority, as well judicial as other which before and at the time of passing of this act were and are vested in the Governor, Lieutenant-Governor pr person administering the Government of the Provinces of Upper Ca/nada and Lower Canada respectively, or of either of them, and which from and after the said re-union of the said two ProAdnces shall become vested in the Governor of the Province of Canada ; and to authorize the Gotvernor of the Province of Camada to assign, depute, substitute, and appoint any person or persons, jointly or severally, to be his deputy or deputies within any part or parts of the Province of Canada, and in that capacity to exercise, perform, and execute during the pleasure of the said Governor, such of the powers, functions, and authorities, as well judicial as other, as before and at the time of the passing of this act were and are vested in the Governor, Lieutenant-Governor, or person administering the Government ■ of the Provinces of Upper axiA Lower Canada respectively, and which from and after the union of the said Provinces shall become vested in the Governor of the Province of Canada, as. the Governor of the Province of Canada shall deem to be neces- sary or expedient ; provided always, that by the appointmeot of a deputy or deputies as aforesaid, the power and authority of the Governor of the Province of Canada shall not be abridged, altered, or in any way affected, otherwise than as Her Majesty shall think proper to direct. ■■•s;-s.*vi "Colonial , taxation, IB G. 3, C. 12. IMPERIAL ENACTMENTS. ■(SectioT). 41, enact'imp that hgisloiive records, &c., shall be ■4m, the Evglidi lavguuge only, is repealed by the Imp. Act 11- ■^ v., c. 56, s. 1.) * (Section Jj2, requi/ring that bills relating to ecclesiastical ■rights and maMers, waste lands of the Crown, &c., shall be re- ■ s&rvedand laid before Parliament before being assented to, is repealed by the Imp. Act 17-18 F., c. 118, s. 6.) * 43. And whereas by an act passed in the eighteenth year of the reign of His late Majesty King Georgfe the Third, intituled: "An act for removing all doubts and apprehensions concerning tax- ■ ation by the Parliament of Great Britain in any of the Colonies, 'Provinces and Plantations in North America and the West In- dies ; and for repealing so much of an act made in the seventh •year of the reign of His present Majesty, as imposes a duty on ■ teaimportedfrom Great Britain, into any Colony or Plantation in America, or relating thereto," it was declared, that " the King and Parliament of Great Britain would not impose any duty, tax or assessment whatever, payable in any of His Majesty's ''Colonies, Provinces and Plantations in North Annerica or the West Indies, except only such duties as it might be expedient ■to impose for the regulation of commerce, the net produce of such duties to be always paid and applied to and for the use of the Colony, Province or Plantation in which the same shall be respectively levied, in such manner as other duties collected by •the authority of the respective general courts or general as- ■'semblies of such Colonies, Provinces or Plantations were ordi- narily paid and applied ; " and whereas it is necessary, for the general benefit of the Empire, that such power of regulation 'of commerce should continue to be exercised by Her Majesty and the Parliament of the United Kingdom of Great Britain and Ireland, subject nevertheless to the conditions hereinbefore recited with respeict to the application of any duties which may Jbe imposed for that purpose ; Be it therefore enacted, that tiothing in this act contained shall prevent or affect the execu- tion of any law which hath been or shall be made in the Par- 'liament of the said United Kingdom for establishing regulations -and prohibitions, or for the imposing, levying or collecting "duties for the regulation of navigation, or for the regulation of the commerce between the Province of Canada and any other ^art bf Her Majesty's Dominions, or between the said Province -of Canada, or any part thereof, and any foreign country or .'state, or for appointing and directing the payment of drawbacks ■tof such duties so imposed, or to give to Her Majesty any power or authority, by and with the advice and consent of such Legis- lative Council and Assembly of the said Province of Canada, ;to vary or repeal any such law or laws, or any part thereof, or in any manner to prevent or obstruct the execution thereof ; jpi'ovided always, that the net produce of all duties which shall * See B. N. A. Act 1867 and amendments at beginning of Revised Statutes of Quebec. IMPERIAL ENACTMENTS. XXtVlI be SO imposed shall at all times hereafter be applied to and for the use of the said Province of Canada, and (except as hereih- laifter provided) in such manner only as shall be directed by any law or laws which may be made by Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of such Province. (Section 44? relating to the Provincial Court of Appeals and the place of sitting of certain covA-ts, &c., in U. 0., until it should be otherwise provided by the Prov. Legislature, is Superseded by the Prov. Act 12 V., c. 63, and other acts making other provision for the same matters.) 45. All powers, authorities, and functions which by the said Powers to be act passed in the thirty-first year of the reign of His late ^o';''erno^r''^ Majesty King George the Third, or by any other act of Par- with the ' liament, or by any act of the Legislature of the Provinces of Executive Upper and Lower Canada respectively, are vested in or are alone. ' Authorized or required to be exercised by the respective Gov- ernors or Lieutenant-Governors of the said Provinces, with the advice or with the advice and consent of the Executive Council of such Provinces respectively, or in conjunction with such Executive Council, or with any number of the members thereof, or by the said Governors or Lieutenant-Governors in- dividually and alone, shall, in so far as the same are not repug- nant to or inconsistent with the provisions of this act, be vested in and may be exercised by the Governor of the Prov- ince of Canada with the advice or with the advice and consent of, or in conjunction, as the case may require, with such Executive Council, or any members thereof, as may be appointed by Her Majesty for the afiairs of the Province of "Canada or by the said Governor of the Province of Canada individually and alone in cases where the advice, consent, or concurrence of the Executive Council is not required. 4©. All laws, statutes and ordinances, which at the time of Existing law» the union of the Provinces of Upper Canada and Lower Ca- saved. inada shall be in force within the said Provinces or either of them, or any part of the said Provinces respectively, shall re- main and continue to be of the same force, authority, and effect in those pai-ts of the Province of Canada which now constitute the said Provinces respectively as if this act had not been made, and as if the said two Provinces had not been united as Afore- said, except in so far as the same are repealed or varied by this act, or in so far as the same shall or may hereafter, by virtue knd under the authority of this act, be repealed or varied by any act or acts of the Legislature of the Province of Canada. 4T. All the courts of civil or criminal jurisdiction within the Courts of i'rovinces of Upper and Lower Canada at the time of the mfasions"^- Tinion of the said Provinces, and all legal commissions, powers, cers, &g.' and authorities, and all officers, judicial, admiiiistrative, or minisferial, within the said Provinces, respectively, except in XXXVIII IMPERIAL ENACTMENTS. SO far as the same may be abolished, altered, or varied by or may be inconsistent with the provisions of this act, or shall be abolished, altered, or varied by any act or acts of the Legis- lature of the Province of Canada, shall continue to subsist within those parts of the Province of Canada which now constitute the said two Provinces respectively, in the same form and with the same effect as if this act had not been made, and as if the said two Provinces had not been re-united as aforesaid. Provision 48. And whereas the Legislatures of the said Provinces of respecting Upper and Lower Canada have from time to time passed enact- aots. ments, which enactments were to continue in force for a cer- tain number of years after the passing thereof, "and from thence to the end of the then next ensuing session of the Legislature of the Province in which the same were passed ; " be it therefore enacted, that whenever the words " and from thence to the end of the then next ensuing session of the Legislature," or words to the same effect, have been used ia any temporary act of either of the said two Provinces which shall not have expired before the re-union of the said two Provinces, the said words shall be construed to extend and ap- ply to the next session of the Legislature of the Province of Canada. Bepealofpart 49. And whereas by a certain act passed in the third year 11^ ^' ^' "' ^^ ^^® reign of His late Majesty King George the Fourth, in- tituled : "An act to regulate the trade of the Provinces cfltower and. Upper Canada, and for other purposes relating to the said Provinces," certain provisions were made for appointing arbitra- tors, with power to hear and determine certain claims of the Province of Upper Canada upon the Province of Lower Canada, and to hear any claim which might be advanced on the part of the Province of Upper Canada to a proportion of certain duties therein mentioned, and for prescribing the course of proceeding to be pursued bj- such arbitrators ; be it enacted, that the said recited provisions of the said last mentioned act, and all matters in the same act contained which,are consequent to or dependent upon the said provisions or any of them, shall be repealed. (Sections 50 to 57, both inclusive (constituting the Consolid- ated Revenue Fund and the charges upon), with the schedules therein referred to, are repealed by the Imp. Act 10-11 V., c. 71 ; by which repeal the provisions substituted for them by the Prov. Act 9 v., c. IIJ^, were brought into force, under s. 9 of the said Prov. Act.)* • The act 9 v., c. 114, is reproduced in chapters 10 and 14 C. S. C. See also, as reeards the Province of Quebec, arts. 739 and fol. B. S. Q. IMPERIAL ENACTMENTS. XXXIX 58. It shall be lawful for the Governor, by an instrument Townships to or instruments to be issued by him for that purpose under the ^^ constitut- great seal of the Province, to constitute townships in those parts of the Province of Canada in which townships are not already constituted, and to fix the metes and bounds thereof, and to provide for the election and appointment of township officers therein, who shall have and exercise the like powers as are exercised by the like officers in the townships already con- stituted in that part of the Province of Canada now called Upper Canada ; and every such instrument shall be published by proclamation, and shall have the force of law from a day to be named in each case in such proclamation. 5d. All powers and authorities expressed in this act to be Powers of given to the Governor of the Province of Canada shall be ^^''^^'J^e' exercised by such Governor in conformity with and subject to exercised, such orders, instructions, and directions as Her Majesty shall from time to time see fit to make or issue. 6©. And whereas His late Majesty King George the Third, Magdalen Is- by His Royal proclamation, bearing date the seventh day of an'tfeiedTo^'^i October, in the third year of His reign, was pleased to declare the Island of that he had put the coast of Labrador, from the River Saint S^'°*^® , John to Hudson's Straits, with the islands of Anticosti and Magdalen, and all other smaller islands lying on the said coast, under the care and inspection of the Governor of Newfound- land ; and whereas by an act passed in the fourteenth year of the reign of His said late Majesty, intituled : ''An act for mnak- M G. 3, o. 83,^ mg more effectual provision for the GovernTuent of the Prov- ince of Quebec, in North America" all such territories, islands, and counties, which had, since the tenth day of February, in the year one thousand seven hundred and sixty-three, been made part of the Government of Newfoundland, were during His Majesty's pleasure annexed to and made part and parcel of the Province of Quebec, as created and established by the said Royal proclamation ; be it declared and enacted, that nothing in this or any other act contained shall be construed to restrain Her Majesty, if She shall be so pleased, from annexing the Magdalen Islands, in the Gulf of Saint Lawrence, to Her Ma- jesty's Island of Prince Edward.* 61. In this act, unless otherwise expressed therein, the words I°terpreta- " act of the Legislature of the Province of Canada " are to be understood to mean " act of Her Majesty, Her Heirs or Suc- cessors, enacted by Her Majesty, or by the Governor on behalf of Her Majesty, with the advice and consent of the Legislative Council and Assembly of the Province of Canada ; " and the words " Governor of the Province of Canada " are to be under- stood as comprehending the Governor, Lieutenant-Governor, or person authorized to execute the office or the functions of Governor of the said Province. * See B. 'S. A. Act 1867, and Imperial Act 3T-38 V., c. 96. -;XL ikPEEiAL ENACTMENTS. (Section 63 merely provided that this act might he amended icr repealed by any act to be passed in the then present session of Parliament, and is effete.) (Schedules A and B (civil list) were repealed as aforesaid by the Imp. Act 10-11 V., c. 71. The Imp. Act 10-11 V., c. 71, merely repealed sections 50 to 57 of the Union Act and the schedules therein referred to, and empowered Her Majesty to assent to the Prov. Act 9 V., c. 114, ■which she did. It contains no other provision. Imp. Act, 11-12 V., c. 56—1848.* An act to repeal so mucti of an act of the third and fourth years of Her present Majesty, to re- unite the Provinces of Upper and Lower Canada, and for the Government of Canada, as relates to the use of the English language in instru- ments relating to the Legislative Council and Legislative Assembly of the Province of Canada. Preamble. '\j\f HERE AS by an act passed in the session o£ Parliament » * held in the third and fourth years of Her present Maj- 3-4.V., 0. 35. esty, intituled: "An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," it is amongst other things enacted, that from and after the said re- union of the said two Provinces, all writs, proclamations, instru- ments for summoning and calling together the Legislative Council and Legislative Assembly of the Province of Canada, and for proroguing and dissolving the same, and all writs of summons and elections, and all writs and public instruments whatsoever relating to the said Legislative Council and Legis- lative Assembly, or either of them, and all returns to such writs and instruments, and fiU journals, entries, and written or printed proceedings of what nature soever, of the said Legis- lative Council and Legislative Assembly, and of each of them respectively, and all written and all printed proceedings and re- ports of committees of the said Legislative Council and Legislative Assembly respectively, shall be in the English language only ; provided always, that the said enactment should not be con- strued to prevent translated copies of any such documents being made, but no such copy should be kept among the records • This act is repealed by the Imperial Act 41-42 V., c. 79. See B. N. A. Act and its amendments at beginning of Kevised Statutes of Que- bec. IMPERIAL ENACTMENTS. XU. o£ the Legislative Council or Legislative Assembly, or be ■deemed in any case to have the force o£ an original record ; ^nd whereas it is expedient to alter the law in this respect, in order that the Legislature of the Province of Canada, or the said Legislative Council and Legislative Assembly respectively, may have power to make such regulations herein as to them may seem advisable ; Be it therefore enacted by the Queen's So much of Most Excellent Majesty, by and with the advice and consent of actas"nacts the Lords Spiritual and Temporal, and Commons, in this pre- that aU writs, sent Parliament assembled, and hj the authority of the same, i^'^Enensh'^ that from and after the passing of this act, so much of the said repealed. ' recited act as is hereinbefore recited shall be repealed. (Section 2 merely provided that this act, or any part thereof, might be repealed, altered, or varied at any time during the then present session of Parliament.) Imp. Act, 17-18 V., c. 118—1854. * An act to empower the Legislature of Canada to alter the constitution of the Legislative Council for that Province, and for other purposes. WHEREAS an act of the session of Parliament holden in Preamble, the third and fourth years of Her Majesty, chapter thirty-five, " to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," provides amongst other things for the establishment of a Legislative Council in the Province of Canada, consisting of members summoned thereto by the Governor, under the authority of Her Majesty as therein specified ; and whereas it is expedient that the Legislature of the said Province should be empowered to alter the constitution of the said Legislative Council ; and whereas the said act requires amendment in other respect ; Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the au- thority of the same, as follows : 1. It shall be lawful for the Legislature of Canada, by any Power to the act or acts to be hereafter for that pui-pose passed, to alter the ^/^i^'^''^'^^ manner of composing the Legislative Council of the said Prov- alterlthe ^ ince, and to make it consist of such number of members constitution appointed or to be appointed or elected by such persons and in "^^^l ^H^^l such manner as to the said Legislature may seem fit, and to fix cil. the qualifications of the persons capable of being so appointed or elected, and by such act or acts to make provision, if they * See B. N. A. Act 186T and its amendments, which virtually repeal this act, and are printed at the beginning of the BeTised Statutes of Quebec. XLII IMPERIAL ENACTMENTS. shall think fit, for the separate dissolution by; the Governor of the said Legislative Council and Legislative Assembly respec- tively, and for the purposes aforesaid to vary and repeal in such manner as to them may seem fit all or any of the sections and provisions of the said recited act, a,nd of any other, act of' Parliament now in force which rela,te to the constitution of Proviso : act the Legislative Council of Canada ; provided always, that any to be reserv- ^y^ ^^ ^^ which shall be passed by the present Legislative Council and Assembly of Canada for all or any of the purposes- aforesaid, shall be reserved by the said Governor, unless, he think fit ijO Withhold Her Majesty's assent thereto,' for the signification of Her Majesty's pleasure, and shall be subject to the enactments of the said recited act of the third and fourth, years of Her Majesty, chapter thirty-five, section thirty-nine^ which relate to Mils so reserved for the signification of Her Majesty's pleasure. ProTisiona of; 2. As soon as the constitution of the Legislative Council of" Parifamentto ^^^ Province of Canada shall have been altered under such act apply to the Or acts SO assented to by Her Majesty as aforesaid, all provi- new Legisia- gions of the said recited act 'of Parliament of the third and fourth years of HJer Majesty, chapter thirty -five, and of any- other act of Pafliam'ent now in force relating to the Legislative Cb'uncil of Cdnadki shall be held to a;pply ' to' the Legislative Council so altered, except so far as such provisions may have been varied or repealed by such act or acts of the Legislature of Canada so assented to as aforesaid. ■: ■ Power to the 3. It shall, be lawful for the Legislature of Canada from CaMda^to""^ time to time to vary and repeal all or any of' the provisions of vary the the act Or acts altering the constitution of the said Legislative provisions of Council ; provided always, that any bill for any such purpose constrtuting ^ which shall vary the qualification of councillors, or duration o^ the new office of such counciUors, or the power of the Governor to dis- Couucu'^* solve the Council or Assembly, shall be reserved by the Gover- nor for the signification of Her Majesty's pleasure in manner aforesaid. To vary or 4. It shall be lawful for the Legislature of Canada, by any property ^<^* °^ ^^*^ reserved for the signification of Her Majesty's qualification pleasure, and whereto Her Majesty's shall have assented as of Xe'L'eK's hereinbefore provided, to vary or repeal any of the provisions lative As- of the recited act of Parliament of the third, and fourth years sembly. of Her Majesty which relate to the property qualification of members of the Legislative Assembly. . ■ TeT'leof ^ So much of the twenty-sixth section of the said recited, 3-4. v., c. ^^^ of Parliament as provides that is shall not be lawful to pre- ss, repealed. Sent to the Governor of the Province of Canada, for Her Maj- esty's assent, any bill of the Legislative Council and, Assembly oi the said Province by which the number of representatives' in the Legislative Assembly may be altered unless the second and third reading of such bill in the Legislative Council and IMPERIAL ENACTMENTS. XLIIE the Legislative Assembly shall have been passed with the con- currence of two-thirds of the members for the time being of the said Legislative Council, and of two-thirds of the members for the time being of the said Legislative Assembly respec- tively, and that the assent of Her Majesty shall not be given to any such bill unless addresses shall have been presented by the Legislative Council and the Legislative Assembly respec- tively to the Governor stating that such bill has been so passed, is hereby repealed. 6. The forty-second section of the said recited act of Par- Section 42 orj liament, providing that in certain cases bills of the Legislative 35 repeaiedf j Council and Assembly of Canada shall be laid before both Houses of Parliament of the United Kingdom, is hereby repealed ; and, notwithstanding anything in the said act of Par- liament or in any other act of Parliament contained, it shall be lawful for the Governor to declare that he assents in Her Majesty's name to any bill of the Legislature of Canada, or for Her Majesty to assent to any such bill if reserved for the signification of Her pleasure thereon, although such bill shall not have been laid before the said Houses of Parliament ; and no act heretofore passed or to be passed by the Legislature of Canada shall be held invalid or ineffectual by reason of the same not having been laid before the said Houses, or by reason of the Legislative Council and Assembly not having presented to the Governor such address as by the said act of Parliament is required. T. In this act the word " Governor " is to be understood as Interpreta- comprehending the Governor, and in his absence the Lieutenant- '°° ° ®""*" Governor, or person authorized to execute the office or the functions of the Governor of Canada. SUPPLEMENT TO THE REVISED STATUTES OF THE PROVINCE OF QUEBEC TITLE I. GENERAL PROVISIONS. Statutes of the Province. 22 YICTORIA, CHAPTER 29. (Canada.) An act respecting the Consolidated Statutes of Canada. [Assented to Uh May, 1859.] WHEREAS it has been found expedient to revise, classify Preamble. and consolidate the public general statutes which apply- to the whole Province 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 general statutes passed during the present session in so far as the same affect the whole Province, 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 : CONSOLIDATED STATUTES OF CANADA. Original roll 1. The printed roll attested as that of the said statutes so- •^t ^***"*^^ '■®' revised, classified and consolidated as aforesaid, under the be certified signature of His Excellency the Governor General, that of the and deposit- 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 an- As to mar- nexed ; but the marginal notes thereon, and the references to- m/s-pr^ntr' former enactments at the foot of the several sections thereof &c. form no part of the said stat^utes and shall be held to have been inserted for convenience of reference only, and may be- omitted or corrected, and any mis-print or clerical error in the said roll may also be corrected, — in the roll hereinafter men- tioned. Governor 2_ The Governor may select such acts and parts of acts passed may cause the j • ,1 , • 1 i •, n ■ i 1 . • legislation of durmg the present session, as he may deem it advisable to in- this session corporate with the said statutes contained in the said first rated wfthThe mentioned roll, and may cause them to be so incorporated statutes in therewith, adapting their form and language to those of the the said roll, gg^j^ 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 sec- tions, if need be, and adding to the said Schedule A a list of the acts and parts of acts of the present session so incor- porated as aforesaid ; and the Governor may direct that all sums of money stated in the said roll in Halifax currency, be converted into dollars and cents, in all cases vfhere it can be conveniently done. Certified roll 3. So soon as the said incorporation of such acts and parts- legislation* of *^*. ^^*s ^^^^ ^^^ said statutes, and the said addition to the the present Said Schedule A shall have been completed, the Governor- depos?tedand™^y ^^^^^ ^ correct printed roll thereof attested under his serve as the signature and countersigned by the Provincial Secretary, to be thereof ^ deposited in the office of the Clerk of the Legislative Council,, which roll shall be held to be the original thereof, and to em- body 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 stat- utes, but to be inserted for convenience of reference only. Proclamation 4. The Governor in Council, after such deposit of the said theConloif- last mentioned roll, may, by proclamation, declare the day on,, dated Stat- from and after which the same shall come into force and have on'a'certSn' ""f^^^ ^^ }^7 ^^ *^® designation of "The Consolidated Statutes ^ 01 Canada. that^'day^ '*'' ^ 9^' ^'^o™ ^ud after such day, the same shall accordincrly they shall be come mto force and effect as and by the designation of " The CONSOLIDATED STATUTES OF CANADA. d Consolidated Statutes of Canada," to all intents as though the in force— and same were expressly embodied in and enacted by this act, to ^ents mbo- come into force and have effect on, from and after such day ; died in them and on, from and after the same day, all the enactments in the repealed, several acts and parts of acts in such amended Schedule A Exception. mentioned as repealed shall stand and 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 shall XT^sialeAor the said repeal prevent the effect of any saving clause in the to the repeal. 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 law formerly in force, — to any transaction, matter or thing anterior k> the said r-epeal, to which they would otherwise apply. T. The repeal of the said acts and parts of acts shall not Certain mat- flp J. ters anterior anecT/ to ^jjg repeal not to be af- 1. Any penalty, forfeiture or liability, civil or criminal, in- "" ^ y ^ >— curred before the time of such repeal, or any proceedings for Penalties, &o. enforcing the same, had, done, completed or pending at the time of such repeal, — 2. Nor any indictment, information, conviction,. sentence or Indictments, prosecution had, done, completed or pending at the time of such ^''■ repeal, — 3. Nor any action, suit, judgment, decree, certificate, execu- Actions, &c tion, 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. Acts, deeds, 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- Offices, kc ance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal, — 6. Nor any marriage, certificate or registry thereof, lawfully Jlarriages^ had, made, granted or existing before or at the time of such ^^' repeal, — 7. Nor shall such repeal defeat, disturb, invalidate or pre- Any other judicially affect any other matter or thing whatsoever, had, niatters, &.c. done, completed, existing or pending at the time of such. repeal ; — CONSOLIDATED STATUTES OF CANADA. But the same 8. But every to remain valid, &c. Such penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prosecution, 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 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, respectively. And may be ( enforced, &c. and under wliat laws. 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 necessary, may and shall be continued, prosecuted, enforced and proceeded with under the said Consolidated Statutes and other the statutes and laws having force in this Province, so far as applicable thereto, and subject to the provisions of the said several statutes and laws. Consolidated Statutes not to be deemed new laws. S. The said Consolidated Statutes shall not be held to operate as new laws, but shall be construed and have efiect as a consolidation and as declaratory of the law as contained in the said a'cts and parts of act? so repealed, and for which the said Consolidated Statutes are substituted. How constru- ed if in any case they differ from the repealed acts, &c. 9. But if upon any point the provisions of the said Consoli- dated Statutes are not in effect the same as those of the re- pealed acts and parts of acts for which they are substituted, then as respects all transactions, matters and things 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 pro- visions of the said repealed acts and parts of acts shall prevail. 10. Any reference in any former act remaining in force, or in any instrument or document, to any act or enactment so repealed, shall after the Consolidated Statutes take effect, be held, as regards any subsequent transaction, matter or thing, to be a, reference to the enactments in the Consolidated Statutes having the same effect as such repealed act or enactment. As to effect of 11. The insertion of any act in the said Schedule A shall ractln ?°* ^^ construed as a declaration that such act or any part of Schedule A. it was or was not in force immediately before the coming into force of the said Consolidated Statutes. As to refer- ences to re- pealed acts, in former acts, &c. CONSOLIDATED STATUTES OF CANADA. 5 12. Copies of the said Consolidated Statutes printed by the Copies by- Queen's Printer from the amended roll so deposited, shall be P^^„\"|,\o j,q received as evidence of the said Consolidated Statutes in all evidence. courts and places whatsoever. 13. The Interpretation Act contained in the said Consoli- interpreta- dated Statutes, shall apply to them and to this act ; — and in ^^9^ "tatutes construing this act or any act forming part of the said statutes, unless it be otherwise provided, or there be something in the context or other provisions thereof indicating a different mean- ing or calling for a different construction : 1. The enactments in such act apply to the whole Province Extent of en-, of Canada ; aotments. 2. The law is to be considered as always speaking, and Law to be whenever any matter or thing is expressed in the present tense, gpeaidng at the same is to be applied to the circumstances as they arise, so the time that effect may be given to each act and every part thereof ^r^|^g** "^^^ according to its spirit, true intent and meaning ; 3. The word " shall " is to be construed as imperative, and • ' Shall " and the word " may " as permissive ; ^^^' 4. Whenever the word " herein " is used in any section of an Herein. act, it is to be understood to relate to the whole act and not to that section only ; 5. When any act or thing is required to be done by more Quorum. than two persons, a majority of them may do it ; 6. The word "proclamation" means a proclamation under Procla- the Great Seal, and the expression "Great Seal" means the ™^t'°"- Great Seal of the Province of Canada ; 7. When the Governor is authorized to do any act by procla- Procla- mation, such proclamation is to be understood to be a procla- motion. mation issued under an order of the Governor in Council ; but it shall not be necessary that it be mentioned in the proclama- tion that it is issued under such order ; 8. The word " county " includes two or more counties united County. for purposes to which the enactment relates. 14. If upon any point there be a difference between the As to English English and the French versions of the said statutes, that ver- """' " "" sion which is most consistent with the acts consolidated in the said statutes shall prevail. 15. The laws relating to the distribution of the printed As to distri- copies of the statutes shall not apply to the said Consolidated gpp|°" °^ Statutes, but the same shall be distributed in such numbers and to such persons only, as the Governor in Council may direct. and French versions. CONSOLIDATED STATUTES FOR L, C. This to be printed with the said stat- utes. Hov they may be cited. Governor may cause certain Imperial acts, Ac, to be printed with the said stat- utes. 16. This act shall be printed with the said Consolidated Statutes and shall be subject to the same rules of construction as the said Consolidated Statutes ; — and any chapter of the said statutes may be cited and referred to in any act and pro- ceeding 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. IT. The Governor may direct that any acts or parts of acts of the Imperial Parliament, proclamations, treaties or other public documents which he may select as of general interest to the people of this Province, be printed and annexed to and distributed with the printed copies of the said Consolidated Statutes. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER L An act respecting the Consolidated Statutes for Lower Canada. [Assented to 19t?t May, I860.] Preamble. Original roll of statutes revised, &c., T^HEREAS it has been found expedient to revise, classify ' ' and consolidate the public general 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 Parlia- ment 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 general statutes passed during the present session, (I860) 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 Ma- jesty, 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 Governor General, that of the CONSOLIDATED STATUTES FOR L. C. 7 'Clerk of the Legislative Council, and that of the Clerk of the to be certified Legislative Assembly, and deposited in the office of the Clerk l^^ ^^?°^'^ ■ of the Legislative Council, shall be held to be the original "thereof, and to embody so much of the several 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 notes thereon, and the references to former enactments at the foot of the several sections theredf As to mar- form no part of the said statutes, and shall be held to have mU-prints,&c. been inserted for the convenience of reference only, and may be omitted or corrected ;' and any mis-print or error, whether of commission or omission, or any contradiction or ambiguity, in the said roll, 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 V., c. 56, s. 1. 2. The Governor may select such acts and parts of acts Governor passed during the present session as he may deem it advisable ^y. ''^"'^ :to incorporate with the said statutes contained in the said first tion of the mentioned roll, and may cause them to be so incorporated session of Ttherewith, through the Law Clerk of the Legislative Assembly, Jncoriwrated adapting their form and language to those of the said statutes with the (but without changing their effect), inserting them in their ^^^*"*?|'°g^ proper places in the said statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorpo- rated, 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 acts and parts of acts of the present session so incorpo- irated as aforesaid. 23 V., c. 56, s. 2. '3. So soon as the said incorporation of such acts and parts Certified ■of acts, with the said statutes, and the said addition to the ^n^'v^g*^^"*^' ; said Schedule A have been completed, the Governor may cause legislation of • a correct printed roll thereof, attested under his signature and loL^f^^i*"^ °^ ■countersigned by the Provincial Secretary, to be deposited in deposited and the office of the Clerk of the Legislative Council, which roll serve as the .shall be held to be the original thereof, and to embody so much thereof. of the several acts and parts of acts mentioned as repealed in the amended Schedule A thereto annexed, as was in force when the said roll was made ; any marginal notes, however, . and references to former enactments which appear thereon, ibeing held to form no part of the said statutes, but to be inserted : for convenience of reference only. 23 V., c. 56, s. 3. 4. The Governor in Council, after such deposit of the said Proclamation !last mentioned roll, may, by proclamation, declare the day on, t^eOonfoui- :from and after which the same shall come into force and have ated Statutes ♦effect as law, by the designation of " The Consolidated Statutes '"t" force on ifor Lower Canada." 23 V., c. 56, s. 4. * '''*"° '^*^- •S. On, from and after such day, the same shall accor- On and after •dingly come into force and effect as and by the designation of ^^^^ ^^^' ^^^^ CONSOLIDATED STATUTES FOR L. C. shall be in force — and the enact- ments embo- died in them repealed. 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 6. The repeal of the said acts and parts of acts shall not^ transactions, j-gvive anv act or provision of law repealed by them ; nor shall' &c., anterior ,, .,•' . '^ ,,, /v..n ■ i • j.x. to the repeal, the Said repeal prevent the effect oi any saving clause m 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 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- 7. The repeal of the said acts and parts of acts shall not; ters anterior aflPo^f to the repeal anect, not to be affected by it. i_ ^^y penalty, forfeiture or liability, civil or criminal^ Penalties, &c. 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, — Indictments, &c. Actions, &c. 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, execu- tion, 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, — Acts, deeds, rights, &c. Offices, &c. Marriages, &c. 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 ofBce, 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, lawfully had, made, granted, or existing before or at the time of such repeal, — Any other 7. Nor shall such repeal defeat, disturb, invalidate or pre- matters, &c. judicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal j CONSOLIDATED STATUTES FOE L. C. if- 8. But every such But the same shall remain, valid, &c. Penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prosecu- tion, and every such Action, suit, judgment, decree, certificate, execution, process, 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 Office, appointment, commission, salary, allowance, security and duty, and every such Marriage, certificate and registry, and every such other mat- ter and thing, and the force and effect thereof, respectively. May and shall remain and continue as if no such repeal had And may be- taken place, and, so far as necessary, may and shall be conti- ^nd underi "^ nued, prosecuted, enforced and proceeded with under the said what laws. 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. 7. S. The said Consolidated Statutes shall not be held to Consolidates operate as new laws, but shall be construed and have effect fj b*g"^*eem°d 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. O. But if upon any point the provisions of the said Consoli- How constm- dated Statutes are not in effect the same as those of the repealed *^gg ^^ *y ^ . acts and parts of acts for which they are substituted, then as differ from respects all transactions, matters and things subsequent to the ^^^ repealed time when the said Consolidated Statutes take effect, the pro- ' visions 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, or As to refer- in any instrument ,- or document, to any act or enactment so eic^sto repealed, shall, after the Consolidated Statutes take effect, be ia former held,. as regards any subsequent transaction, matter or thing, to acts, &c. be a reference to the enactments in the Consolidated 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 shall Effect of in- not be construed as a declaration that such act or any part of sertion of am. 10 CONSOLIDATED STATUTES FOB L. C. act in Sche- it was or was not in force immediately before the coming into 4uieA. force of the said Consolidated statutes. 23 V., c. 56, s. 11. ■Copies by 12. Copies of the said Consolidated Statutes printed by the PriiTte/to be Q'^e^^i's Printer from the amended roll so deposited, shall be ■evidence. received as evidence of the said Consolidated Statutes in all Courts and places whatsoever. 23 V., c. 56, s. 12. Interpreta- tion of the :8aid statutes. Extent of enactments. SLaw to be •construed as speaking at itne time "wliea tlie -case arises. •" Shall " and ■" may." 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 something in the context or other provisions thereof indicating a different mean- ing 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 mattter 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 '" Herein.' ' Quorum.'' ~" Proclama- 3tion." IProclama- ition. 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 thing 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 Great Seal, and the expression " Great Seal " means the Great Seal of the Province of Canada ; 7._ When the Governor is authorized to do any act by procla- mation, such proclamation is to be understood to he a procla- mation issued under an order of the Governor in Council ; bttt 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 proclamation heretofore issued by the Governor, which shall be valid though not under the Great Seal ; •"County." 8. The word "county" includes two or more counties' united for the purposes to which the enactment relates ; chlptera and° \ Whenever reference is made to a chapter by its number, sections. Without further description, then the chapter of the Consolidated INTERPRETATION OF THE STATUTES. 11 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 bearing such number in the chapter in which the reference occurs is intended. 23 V., c. 56, s. 13. 14. If upon any point there be a difference between the As to English English and French versions of the said statutes, that version ^^^ ioia'^"'^ which is most consistent with the acts consolidated in the said statutes shall prevail. 23 V., c. 56, s. 14. 15. The laws relating to the distribution of the printed As to distri- copies of the statutes shall not apply to the said Consolidated \q^°^ °^ Statutes, but the same shall be distributed in such number and to such persons only as the Governor in Council may direct. 23 v., c. 56, s. 15. 16. This act shall be printed with the said Consolidated This act to Statutes and shall be subject to the same rules of construction ^^--S'lu*^*^ -^ as the said Consolidated Statutes ; — and any chapter of the statutes. said statutes may be cited and referred to in any act and proceed- ing whatever, civil and criminal, either by its title as an How they act, — or by its number as a chapter in the copies printed by ™^J' ^^ cited, the Queen's Printer, — or by its short title. 23 T., c. 56, s. 16. 31 VICTORIA, CHAPTER 7. . (Quebec.) An act respecting the interpretation of the stat- utes of this Province. [Assented to 24ith February, 1868.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is repealed by the Act 49-50 V., c. 95, s. 59, except the following section, which remains in force as follows : lO. The Civil Code of Lower Canada 'and the Code of Civil Civil Code Procedure of Lower Canada, as printed before the Union, by clvifproced- the Queen's Printer of the former Province of Canada, have ure in force been and are in force as law in this Province ; and no act or ^^ P^'^^if ^ ^"* parovision of the legislature in any way affects any article of affected either of the said codes, unless such article is expressly unless article designated for that purpose. menXnedf 12 ACTS AND ENACTMENTS AMENDED AND REPEALED. 40 VICTORIA, CHAPTER 27. (Quebec.) An act to amend and repeal certain acts and enactments therein mentioned. 38 v., e. 16, (City of Three Rivers) s. 75, replac- ed. Liquors. s. 79, § 4, repealed. [Assented to 28th December, 1876.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, hereby enacts, in relation to the following acts of the said Legislature of Quebec, passed in the 38th and 39th years of Her Majesty's reign, as follows : Note. — Sections 1, 6, 8, 9, and 10 are consolidated. Section 7 is repealed by 46 Vict, c. 3^, s. 362. The following sections remain in force as follows : 2. The sub-section one of section seventy-five of the act 38 Victoria, chapter seventy-six, intituled: " An act to amend and consolidate the act of incorporation of the city of Three Rivers, and the various acts which amend the same " is hereby repealed, and the following substituted therefor and shall be read and form the said sub-section. " 1. For authorizing the sale of any spirituous, vinous, alco- holic or intoxicating liquor subject to such restrictions as they may deem expedient." The fourth sub-section of section seventy-nine of the said last mentioned act is hereby repealed. (TOTra of''^' *• "^^^ ^'^^ ^^ Victoria, chapter seventy-eight, intituled : " An Lachine), act to amend the act thirty-six Victoria, chapter fifty-three, amended. intituled : " An act to incorporate the corporation of the town of Lachine." Police force. So much of the section of this act as empowers the police force thereby constituted to act against infringements of any federal or provincial law or without warrant to enter houses, store- houses, grocery-stores, shops, inns or other suspicious places, or yards or other places within the limits of the said town for the arrest of any contravening person found therein or thereon, or to enter any inn, hotel or licensed shop for the sale of spirituous, vinous or fermented liquors, to ascertain whether the laws or by-laws referred to regulating such places for the sale of such liquors have been observed, and to arrest on view any person for contravening those laws or by-laws aforesaid, prohibiting the sale of spirituous, vinous or fermented liquors without license, or to act as such police or constables elsewhere than within the limits of the said town or of contravention of any laws save and except the said by-laws, without special author- ity therefor, is hereby repealed. ACTS AND ENACTMENTS AMENDED AND REPEALED. 13 4. So much of the section ninety-one of the act 38 Victoria, 38 v., c. 79, chapter seventy-nine, intituled : " An act to incorporate the (<^% of Hull) city of Hull," as gives power to the council of the said city to gd. ' "^""^^ ' make by-laws in relation to the several ferries between the said city and the city of Ottawa and the township of Temple- ton, and for imposing penalties for the refusal or neglect of conformity with such by-laws and for regulating the recovery of such penalties in the appropriation to the said city of Hull, and the entire proviso to the said section as to the right of the mayor, aldermen and citizens of the said city, to grant licenses to keep such ferries, and for the equal division of the revenue from such licenses between both corporations, are hereby repealed. The tifth sub-section of the said section ninetyone is hereby s. 91, § 5, repealed and the following substituted to be read in lieu thereof replaced, and to form the said sub-section : " 5. For authorizing the sale of any spirituous, vinous, alco- Liquors. holic or intoxicating liquors, subject to such regulations as they may deem expedient." The one hundred a,nd thirtieth section of the said last act is s. 130, hereby repealed. repealed. The section one hundred and sixty-six of the said last act is s. 166, hereby amended by striking therefrom the words following of ^™eiided. the said section after the word " manner " in the said section, to wit : — " all offenses against the provisions of the act chapter one hundred and two of the Consolidated Statutes for Lower Canada in so far as the provisions of the said act are applicable to the said city and also " which shall form no part of the act and by substituting therefor the words following : " as herein- before provided." The section two hundi'ed and nineteen of the said last act is s. 219, hereby amended by striking therefrom the words following: ^'^^^'^^'i- " The provisions of chapter one hundred and two of the Consol- idated Statutes for Lower Canada hereinbefore mentioned or " which shall no longer form or be read as part of the said section. 5. So much of the act 38 Victoria, chapter eighty-one, inti- 3S V., c. 81, tuled : " An act to incorporate the Atlantic Insurance Company (Atlantic In- of Montreal," as purports to authorize the said company to of Montreal),. carry on the business of insurance as in the said last act men- amended. tioned and to do all things appertaining thereto or connected therewith elsewhere than in the Province of Quebec, and to make investment of its funds in the securities of any foreign state or states, and to contract or be contracted with elsewhere than in the Province of Quebec, and to make contracts of insu- rance in respect of any vessel, steamer, boat or other craft navigating the oceans or high seas or lakes, rivers or other navigable waters from any port elsewhere than in the Province of Quebec or to any port elsewhere than in the said province, is hereby repealed. 14 ACTS AND ENACTMENTS AMENDED AND REPEALED. brooke) repealed. 39 v., c. 56, repealed. 39 v., c. 60. amended. (Patriotic Ins. Co. of Cana(ia.) 39 v.,c.50, s. 11. The sub-section four o£ section thirty- three of the act 39 of Sher- ^^^*^ Victoria, chapter fifty, intituled : " An Act to incorporate the city of Sherbrooke," is hereby repealed. 12. The act 39 Victoria, chapter fifty-six, intituled : " An act to amend the act incorporating the Montreal, Portland and Boston Railway Company," is hereby repealed. 13. So much of the act 39 Victoria, chapter sixty, intituled : "An act to incorporate the Patriotic Insurance Company of Canada," as purports to authorize the said company to carry on ihe business of life insurance and fire and marine insurance and to do all things appertaining thereto or connected therewith elsewhere than in the Province of Quebec, and to make and effect contracts of life insurance, and generally to enter into transactions dependent upon the contingency of life and all other transactions usually entered into by life insurance com- panies, and to effect contracts of insurance against loss by fire or the perils of sea and inland navigation, from any port elsewhere than in the Province of Quebec, or to any port elsewhere than in the said province, or to invest its funds in the securities of any foreign state or states, is hereby repealed. The section twenty-seven of the act last mentioned is hereby repealed. The section twenty-eight of the said last act is hereby amended by confining the provisions of this section to civil, actions, suits and prosecutions. The name of the insurance company incorporated by the said act, is changed to that of " The Patriotic Insurance Com- pany of Montreal," and the said company under such name shall be subject to all the obligations, and may exercise all the powers, rights, privileges, claims and demands which it now possesses, or may in future possess, as if there had been no- alteration in the name thereof, excepting always that which i& amended by the present act. 14. The act 39 Victoria, chapter sixty-two, intituled : " An act to change the name of ' The Provincial Permanent Building- Society, to that of ' the Provincial Loan Company ' and to extend the powers thereof," is hereby amended, by striking from the ninth section thereof the final words following: "may be agreed upon " and substituting therefor the words : " are estab- lished by law in this province " and by striking from the section eleven of the said act after the word " interest " the fol- lowing words " as may be deemed advisable " and substituting therefor the words : " which shall be legally agreed upon." 39 v., c. 63, 15. The act 39 Victoria, chapter sixty -three, intituled : " An Mortgage l^^ .*^ ^^*°g« the name of the ' Montreal Permanent Building Co.) S3. 9 and Society ' to that of ' The Montreal Loan and Mortgage Company ' ii,.amended. and _to extend the powers thereof," is hereby amended by. striking from the ninth section thereof the final words following r " may be agreed upon " and substituting therefor the words : s. 27, repeal- ed. s. 28, amend- ed. Name changed. 39 V., c. 6?, (Loan Co.) S3. 9, 11, amended. ACTS EENDERED PERMANENT. 15. " are established by law in this Province," and by striking from the section eleven of the said act after the word " interest " the following words : " as may be deemed advisable " and sub- stituting therefor the words : " which shall be legally agreed upon." 16. Chapter sixty-six of the act 39 Victoria, intituled : " An 39 V., c. 68, act to authorize the ' V. Hudon mills company, Hochelaga ' to ^y ' Hudon'^'^" issue debentures on the security of the property of the said Co.) company and for other purposes," is hereby amended by striking from the fourth sub-section of the second section of the said act the words following : " eight per cent that they bear " and substituting the words following : " at the rate which shall be legally agreed upon." The section nine of the said act is hereby repealed. s. 9 repealed^ IT. The words following.in the third section of the act 39 39 V., o. 76, Victoria, chapter seventy-six, intituled : "An act to incorporate ^/'/^g^^l the Musical Band of the village of Lauzon," to wit : " or of Band, at imprisonment for thirty days or of both at once in the discre- Lauzon.) tion of the judge " are hereby repealed and struck from the said act, no longer to form part thereof. 40 VICTORIA, CHAPTER 28. (Quebec.) An act to render j)ermanent the several acts therein mentioned. [Assented to 28th December, 1876.] WHEREAS it is expedient to continue the acts hereinafter Preamble. mentioned, which would otherwise expire at the end of the present session ; and whereas it is expedient to render the . s,aid acts permanent ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as fol- lows : 1. The act of the Parliament of the late Province of Lower 2 Geo. 4, c. 8,. Canada, passed in the second year of the reign of his late Majesty, King George the Fourth, intituled: "An act for better regulating the common of the Seigneurie of Laprairie de la Magdeleine ; " The act of the said parliament, passed in the same year of 2 Geo. 4, c. io._ the same reign, and intituled : " An act to enable the inhab- itants of the Seigniory of La Bale Saint Antoine, commonly called Bale du Febvre, to provide for the better regulation of the common of the said seigniory," as amended and extended by the act of the said parliament, passed in the fourth year of the same reign, and intituled : " An act to authorize the chair- 4 Geo. 4,0. 26.. 16 ASSURANCES ON LIVES OF HUSBANDS, ETC. man and trustees of the common of the Seigniory of La Baie St. Antoine, commonly called Baie du Febvre, to terminate certain disputes relating to the limits of the said common, and for other purposes appertaining to th& same ; " SGeo.4, c. 32. The act of the said parliament, passed in the ninth year of the same reign, and intituled : "An Act to alter and amend an act passed in the sixth year of Her Majesty's reign, and inti- tuled : "An Act to authorize the inhabitants of - the fief Gros- bois, in the county of St. Maurice, to make regulations for the common of the said fief "; Are hereby rendered permanent, and shall remain in force until repealed by this Legislature. Made perma- nent. Act in force. 2. This act shall come into force on the day of the sanction thereof. 41-42 VICTORIA, CHAPTER 13. (Quebec.) An act to consolidate and amend the law to secure to wives and children the benefit of assurances on the lives of their husbands and parents. [Assented to 20th July, 1878.] Preamble. XSTHEREAS it is expedient to encourage insurance on the ' » lives of husbands and parents for the benefit of their wives and children, and to consolidate and amend the statutes relating to the same ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts aa follows : Acts of C. 29 1. The act of the late Province of Canada, twenty-ninth Ind*32''vict., Victoria, chapter seventeen, and the acts of this Province, c. 39, and 33' thirty -second Victoria, chapter thirty-nine and thirty-third ©''"repealed"^ Victoria, chapter twenty-one, are repealed ; except always as ■' ■ regards assignments made or rights accrued before, and actions and proceedings pending in any court, at the time of the coming into force of this act, with respect to all which said assign- ments, rights, actions and proceedings, the said acts shall remain in force and continue to apply. 'Note.— The remainder of this chapter is consolidated. Bestrictions. CONSOLIDATION OF STATUTES. 17 51-52 VICTORIA, CHAPTER 3. (Quebec.) An act to provide for the replacing of destroyed originals of the Statutes. [Assented to 12th July, 1888.] WHEREAS the burning o£ the legislative buildings of Preamble. Quebec, in 1883, destroyed all the originals of the statutes of the Province of Quebec, which had been placed in the care of the Clerk of the Legislative Council, and it is ne- cessary to provide for their being replaced, as also the replacing •of those which may hereafter be destroyed ; Therefore, Her Majesty, by and with the advice and con- sent of the Legislature of Quebec, enacts as follows : Note. — This chapter is consolidated with the exception of the following portion of section 1 which remains in force : 1. The Clerk of the Legislature is, by this act, authorized to Clerk of Le- procure from the Queen's Printer, upon the order of the Pro- ^orized^to'^" vincial Secretary, a series of bound volumes of the statutes of procure the Province of Quebec, printed by the said Queen's Printer, up '^?'^}^f "^ to the nineteenth of April, 1883, date of the destruction of the original's originals of the said statutes, by the burning of the legislative whereof were buildings of Quebec, to serve as originals to replace those so Aprli/isss, destroyed; * * * * &c.,and deposit them o, « .„ -, „, in nis ofSce. 43-44 VICTORIA, CHAPTER 2. (Quebec.) An act to authorize the consolidation of the general statutes of the Province of Quebec. [Assented to 2Uh July, 1880.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The Lieutenant-Governor in Council, may appoint a Commission, commission to consolidate the general statutes of this pro- vince, which shall be under the supervision of the law officers of the Crown, and which shall be composed of a commissioner and two secretaries, one speaking the French, and the other the English language. 2 18 CONSOLIDATION OF STATUTES. Duties of the Commission. 2. The commission shall classify, revise and consolidate thes statutes of a general and permanent character of the late Pro- vince of Canada, affecting the Province of Quebec, and within the jurisdiction of its Legislature, as also those of this Province since 1867. Wording of the statutes. The same. 3. In consolidating such statutes, the commission shall in- corporate therein, only the provisions which they shall then deem to be in force, and the authorities, on which they base their judgment as to their so being in force, shall be cited by them. They may change the phraseology of such statutes, without, however, altering the sense : all unnecessary or improper ex- pressions shall be struck out, and each provision thereof shall,, as far as possible, be rendered simple, clear and precise, j^bi^jij^s iting 4. The said commission may suggest such ainendments to amendments, ^.j^g j^^^^ g^g ^j^gy. deem advisable, by distinctly specifying them, and accompanying them with reasons in support thereof. _,.,,;, ^,j, Publication 5. The commission shall publish in the manner most con- of pthfit atat- venient for reference, together with the consoHdated statutes, the Province, or m a separate volume, according as they may deem most advisable, the general statutes which affect this Province, but are not within the purview of its legislature, including- imperial statutes, and the statutes of the late Province of Canada. Publication of other documents. Report to the Lieutenant- Governor. Instructions from Lieutenant- Governor. 6. They shall also publish, together with the consolidated statutes, or with the general statutes mentioned in the preced- ing section, as they shall deem most convenient, all orders in council, proclamations, treaties or documents, which shall be prescribed them by the Lieutenant-Governor in Council. '7. The said commission shall, from time to time, report to- the Lieutenant-Governor, their proceedings and the progress of the work entrusted to them. In matters with respect to which no provision is made in this act, the commission shall be guided by the instructions of the Lieutenant-Governor in Council. ^eport"^ ^""^ *• Whenever they shall deem any portion of the work suf- ficiently advanced, they shall cause the same to be printed, and transmit to the Lieutenant-Governor, together with their report,, a sufficient number of copies. Tbmit\ed to **' ^^^^ ^^^ "^'^^^ ^^ completed, printed copies of the con- the LegLla- solidated statutes, together with the reports of the commission, ture. shall be submitted to this Legislature. Expenses. 10. The expenses, incurred in and about the execution of this work, shall be paid by the Legislative Assembly of this Province, out of the fund set apart for contingent expenses. REVISED STATUTES OF QUEBEC. 19 11. The act of this Province, 40 Vict., chap. 8, is hereby 40 Vic, chap. repealed. . 8, repealed. 12. This act shall come into force on the day of the sanction Act in force. thereof. 50 VICTORIA, CHAPTER 5. (Quebec.) An act respecting the Eevised Statutes of the Province of Quebec. [Assented to 18th May, 1887.] WHEREAS it has been found expedient to revise, classify Preamble. and consolidate the statutes of a general and permanent character of the late Province of Canada, which affect the Pro- vince of Quebec and are within the authority of its Legislature, as well as those of this Province since 1867 ; 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 general statutes passed during the present session, and for giving the force of law to the body of Revised Statutes to result from such incorporation ; There- fore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The printed roll, marked A, attested as that of the said Original roll statutes so revised, classified and consolidated as aforesaid, of Keyised under the signature of the Lieutenant-Governor, and that of certified and the Clerk of the Legislature and deposited in the ofiice of the deposited. latter, shall be held to be the original thereof, and to embody so much of the several acts and parts of acts mentioned as to be repealed in the Appendix A thereto annexed ; But the marginal notes and the provisions in italics printed As to margin- thereon, the references to former enactments at the foot of the ^^ notes, refe- several articles thereof, and the explanatory notes inserted by "' ' the revisers, as also the supplement to the twelfth title con- taining the articles of the Civil Code affected by Federal Legislation form no part of the said statutes, and shall be held to have been inserted for reference only, and may be omitted or corrected ; Any misprint or error, whether of commission or omission, Correction of or any contradiction or ambiguity, in the said roll, may also «'^''°''S) &c. be corrected, but without changing the legal effect, and such alterations in the language of the said statutes as are requisite in order to preserve a uniform mode of expression and do not alter the legal effect, may be made in the above mentioned roll. 20 REVISED STATUTES OF QUEBEC. Insertion of acts of this session in roll. 3. The Lieutenant-Governor may select such acts and parts of acts passed during the present session as he may deem advisable to incorporate with the roll marked A, and may cause them to be so incorporated therewith, adapting their form and language to those of the said statutes (but without changing their legal 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 titles, chapters, sections, paragraphs, and articles or their order, if need be, and adding to the said Ap- pendix A a list of the acts and parts of acts of the present session so incorporated as aforesaid, and also modifying the said acts in the details and to the extent set forth in the annex to this act. The Clerk of the Legislature is authorized to deliver the printed roll marked A of the statutes to such person as he may be requested to give them to by the Attorney-General. 3. So soon as the said incorporation of such acts and parts of acts, and the said addition to the said Appendix A have been completed, the Lieutenant-Governor may cause a correct printed roll thereof, attested under his signature and counter- signed by the Provincial Secretary, to be deposited in the office of the Clerk of the Legislature, which roll shall be held to be the original thereof, and to embody so much of the several acts and parts of acts mentioned as repealed in the amended Appendix A, thereto annexed, as was in force when the said roll was made ; any marginal notes printed on such roll, the references to former enactments at the end of each article and the supplement to the twelfth title containing the articles of the Civil Code affected by Federal Legislation, however, shall not form part of the said statutes, but shall be held to have been inserted for reference only. Proclamation 4. The Lieutenant-Govemor in Council, after such deposit R^vi'^ed^t^t *^^ ^^^ ^^^^ ^^^^ mentioned roll, may, by proclamation, declare utes in force.' the day on, from and after which the same shall come into • force and have effect as law, by the designation of the "Revised Statutes of the Province of Quebec." Delivery of roll by Clerk of the Legis- lature. Deposit of certified cor- rected roll, comprising the acts of this session and the modi- fications to Appendix A. Proviso. Effect of pro- clamation. Repeal of provisions mentioned in Appendix A. Effect of repeal. 5. On, from and after such day, the roll shall accordingly come into force and effect as and by designation of the " Revis- ed Statutes of the Province of Quebec " 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. From and after the same day, all the enactments in the several acts and parts of acts in such amended Appendix A, mentioned as repealed, shall, in so far as they are within the legislative authority of this Province, be repealed to the extent mentioned in the third column of the said Appendix A 6. The repeal of the said acts and parts of acts shall not prevent the effect of any saving clause therein, or the applica- REVISED STATUTES OF QUEBEC. 21 tion of any of the said acts or parts of acts, or of any provi- sion of law formerly in force, to any transaction, matter or thing anterior to the said repeal, to which they would other- wise apply. T. The repeal of the said acts and parts of acts shall not As to certain affect : — matters ante- a. Any penalty, forfeiture or liability, incurred before the not'^to°b7af-^' time of such repeal, or any proceedings for enforcing the same, fected by it. had, done, completed or pending at the time of such repeal ; Penalties, &c. h. Nor any action, suit, judgment, decree, certificate, execu- Actions, &c. tion, process, order, rule or any proceeding, matter or thing whatever respecting the same, commenced, instituted, had, entered, granted, pending, existing, or in force at the time of such repeal ; c. Nor any act, deed, right, title, interest, grant, assurance, Acts, deeds, descent, will, registry, statute, rule, order in council, proclama- "glits, &c. tion, regulation, contract, lien, charge, civil status, capacity, immunity, matter or thing, had, done, made, acquired, establish- ed or existing at the time of such repeal ; d. Nor any office, appointment, commission, salary, allowance, offices, &c. security, duty, or any matter or thing appertaining thereto at the time of such repeal ; e. Nor any marriage, certificate or registry thereof, lawfully Marriages, had, made, granted, or existing before or at the time of such *c- repeal ; 2. Nor shall the repeal of such acts and parts of acts defeat. Any other disturb, invalidate or prejudicially affect any other matter or matters. thing whatsoever, had, done, completed, existing or pending at the time of such repeal ; 3. But eveky such : But such : a. Penalty, forfeiture and liability ; Peaaities,&c; h. Action, suit, judgment, decree, certificate, execution, pro- Actions, &c; cess, order, rule, proceeding, matter or thing ; c. Act, deed, right, title, interest, grant, assurance, descent, Acts, &c ; will, registry, statute, order in council, proclamation, regulation, contract, lien, charge, civil status, capacity, immunity, matter or thing ; d. Office, appointment, commission, salary, allowance, security, offices, &o ; and duty, matter or thing ; e. Marriage, certificate and registry, and every such other Marriages, matter and thing, ^"^ ' May and shall remain and continue as if no such repeal had shall remain taken place, and, so far as necessary, may and shall be conti- ^alid, &c. nued, prosecuted, enforced and proceeded with under the said Revised Statutes and other the statutes and laws having force in this Province, and subject to the provisions of the said sev- eral statutes and laws. 8. The said Revised Statutes shall not be held to operate as Eeviged stai>. new laws, but shall be construed and have effect as a consoli- "tesnotbe dation and as declaratory of the law as contained in the said new law. 22 REVISED STATUTES OF QUEBEC. acts and parts of acts so repealed, and for which the said Revised Statutes are substituted. How con- 2. But if upon any point the provisions of the said Revised diffTr'^from^^ Statutes are not in effect the same as those of the repealed repealed statr acts and parts of acts for which they are substituted, then as utes. respects all transactions, matters and things subsequent to the time when the said statutes take effect, the provisions contain- ed in them shall prevail ; but as respects all transactions, mat- ters and things anterior to the said time, the provisions of the said repealed acts and parts of acts shall prevail. As to ref eren- 9. Any reference in any former act remaining in force, or ef a*c°ts7n ^^'' ™ ^^^ proclamation, order in council, instrument or document, former acts, to any act or enactment so repealed, shall, after the Revised Statutes take effect, be held, as regards any subsequent trans- action, matter or thing, to be a reference to the enactments in the Revised Statutes having the same effect as such repealed act or enactment. As to effect of lO. The insertion of any act in the said Appendix A shall inaertioa of not be Construed as a declaration that such act or any part of AppendkA. i* was or was not in force immediately before the coming into force of the said Revised Statutes. Copies b J 11. Copies of the said Revised Statutes, printed by the terTo°be^"°' Q^^^^^n's Printer from the amended roll so deposited, shall be evidence. received as evidence of the said Revised Statutes in all courts and places whatsoever. As to English 1!2. If upon any point there be a difference between the and French English and French version of the Revised Statutes, that ver- sion which is most consistent with the acts consolidated in the said statutes shall prevail. Astodistri- 13. The laws relating to the distribution of the printed butioa of copies of the statutes shall not apply to the said Revised copies. Statutes, but the same shall be distributed in such numbers and to such persons only as the Lieutenant-Governor in Coun- cil may direct. Printing and 14. This act shall be printed with the said Revised Statutes interpre- g^^d shall be subiect to the same rules of construction as the tation of • 1 , , 1 this act. said statutes. Citation of 15- In any act and proceedings whatever, the Revised Stat- Reviaed Stat- utes, being divided into titles, chapters, sections, and para- " ^^' graphs, may be cited as follows : a. If it concerns a paragraph, by adding the section, the chapter and the title ; h. If it concerns a section,^by adding the chapter and title ; c. If it concerns a chapter, — by adding the title. And in all cases by adding the words " of the Revised Statr EEVISED STATUTES OF QUEBEC. 23 utes of the Province of Quebec" or simply "of the Revised .Statutes." 2. The titles of these Revised Statutes having each only one ■series of continuous articles, they may further be cited by the Article of the title only, by adding the words " of the first title," " second title, etc," as the case may be, and further by adding the words last mentioned in the preceding paragraph. ANNEX. ACTS AND PAETS OF ACTS MODIFIED. Articles, &c., and subject of acts. Extent of modification. (1) Section sixth of chapter second of title III " Of license duties." . , '(2) Se'ctions third, fourth and fifth of chapter third of title VII " Of the Recorders' Courts of Quebec, Montreal and Hull." •(3) Section fifth of chapter third of title VI "Of the Royal Institu tion for the advancement of learn ing" <4) Chapter fifth of title VI "Special provisions respecting schools in cer tain places." <5) Title VI ,. Striking out the whole. Striking out the whole. Striking out the whole. Striking out the whole. Striking out the words " Journal de I'lns- truction publique" and "Journal of Educa- tion," and replacing them by the words " Quebec Official Ga- zette " wherever they occur in the said title. 24 line of division between u. and l. c. Tebritorial Division. 23 VICTORIA, CHAPTER 21. (Canada.) An act respecting the line of division between Upper and Lower Canada. [Assented to 19th May, I860.] Preamble. TXTHEREAS, on the twenty-fourth of August, seventeen. » ' hundred and ninety-one. His late Majesty King George 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 separating 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 division in the Order in 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 inconvenience, loss and injury, and of serious impedi- ments to the due administration of justice, and the exercise and discharge of political and civil rights and duties ; and whereas it is expedient and highly desirable to remove such doubts, by correctly describing and defining the said line of division, and providing for its iDeing 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 ap- pointed 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 Governor General upon the matters into which they were so commissioned to enquire, which report bears date the sixteenth February, I860 ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, declares and enacts as follows : Line between 1. The said Province of Upper Canada was separated from Lowtr°^ the said Province pf Lower Canada by a Ime of division which Canada may now be described as follows, that is to say : commencing- described. at the water's edge on the North shore of Lake St. Francis, at LINE OF DIVISION BETWEEN U. AND L. C. 25 a point where the prolongation of a line connecting 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. Germain, sworn land-surveyor, for the south-western limit of the Seigniory of New Longueuil, and now bounding certain lots in the said Seigniory, and following the road be- tween part of the Fifth Concession of the Township of Lancas- ter and the said seigniory to a point at the distance of three leagues from the site of the former stone monument now under thd waters of Lake St. Francis, being the westernmost angle of the said seigniory ; thence northwardly in a straight line to the monument planted by Colonel Bouchette, Surveyor-General of Lower Canada, at the extremity of the line surveyed and prolonged by him agreeably to and connecting the live stone monuments now standing, planted by Louis Guy and Pierre Remy Gagnier, sworn land-surveyors, near Point Fortune, on the Ottawa River, to mark the commencement and course of the western limit of the Seigniory of Rigaud ; thence along the said line, so prolonged, to the bank of the Ottawa River ; thence to the middle of the main channel of the said river ; thence ascending along the middle of the said main channel of the said river 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 report of the said Com- missioners. 2. The Commissioner of Crown Lands shall cause the said Commis- line of division to be surveyed and run from the North bank nrown°Latids of Lake St. Francis to the South bank of the River Ottawa, to cause by a land-surveyor duly admitted to practise as such in and the said Hue for Upper Canada and Lower Canada, and being an officer of ed aaTm&Ik- the Surveying Branch of the Department of Crown Lands, who ed out by an shall mark the course of the same between those waters by Departmeutt 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 positions and distances and bearings from the line of any trees, streams, or other fixed object, 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 ground shall And the line- be taken to be the true boundary between Upper and Lower ghaU^be^the Canada, and such plan and survey, on being approved by the true boun- Governor in Council, shall be deposited and remain of record ^"y- in the said Department of Crown Lands, and shall govern in all questions relating to the said boundary : 1. Any person, who shall remove or wilfully damage or Penalty for deface any of such monuments or marks, shall be guilty of a removing or ;26 LINE OF DIVISION BETWEEN U. AND L. C. -defacing the marks. misdemeanor and may be prosecuted therefor in any court of competent jurisdiction in Upper or Lower Canada, and on con- viction thereof shall be liable to iine or imprisonment, or both, in the discretion of the Court. 'Compensa- "tion for laods pateated as .'m Upper and 3. In case any land granted by letters patent under the Great Seal of the late Province of Upper Canada, or granted by letters patent under the Great Seal of this Province as found to be in feeing in Upper Canada, or sold by the Crown as being in lOanada. Upper Canada and not yet under patent, 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 Governor 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. "Commission- erg for inquir- ing into ■claims for compensation in certain «ases. 4. And 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 land, upon or near the said line may have extended their impro- vements across the said line, on either side thereof, in good faith, believing they had a right so to do, and may be in pos- session 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 mentioned, to the person who shall hold the legal title thereto, and who, under this act, shall be dispossessed thereof : 1. The Governor may appoint two or more commissioners, who shall inquire into and report upon the amount of compen- sation to be paid under this and the preceding section, and the manner in which it shall be paid to the parties 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 which each such person is entitled by the exercise of such option to retain possession of hereunder, and shall cause the same to be described by metes and bounds ; and on compensation bein^ made as herein provided for such 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 LINE OF DIVISION BETWEEN U. AND L. C. 27 iiienceforward 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 in Compensa- lieu of all claims against the Crown and the seigniors of lands 1!°° of claims. affected by the said division line, and against all persons owners of lands affected by the said line, or who having owned any such lands have sold the same in good faith ; 3. In the case of minors or persons under any legal disability, As to persons the judge of the County Court for the county in which the ^^^'^ ^^^' land lies, if in Upper Canada, or a judge of the Superior Court, if in Lower Canada, may, on the application of the Commis- sioner of Crown Lands, and upon such notice and such proceed- ings had as according to the laws of each section of the Pro- vince in that behalf are required in such cases, appoint a guar- dian 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 Governor may confer upon the commissioners ap- Powers of pointed under this act the powers authorized by the thirteenth commission- chapter of the Consolidated Statutes of Canada to be conferred Con. Stat, of upon commissioners appointed under that act ; and the sub- Canada, cap. section of the first section of the said act, numbered two, shall then apply. 5. Every person who has heretofore acted in any official ca- Indemnity to pacity in any place in which, according to the provisions of ^ave°acted'in this act, he was not entitled to act in such capacity, although, l. C. and u. by reason of uncertainty as to tlie said line of division, he J^' respec- might reasonably suppose himself to be so entitled, and every p'Jwers grant- person who has heretofore omitted to act in any official cap- ed for the aeity in any place in which, according to the provisions of this ^lin'^ccmse""' act he was bound to act in such capacity, although, by reason quence of the of uncertainty as to the said line of division, he might reason- "? '^r^*^rn*/of ably suppose that he was not so bound, is hereby indemnified, division. freed and discharged from and against all damages, penalties and forfeitures incurred 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 person hereby meant to be indemnified, freed and discharged from and against any damages, penalty or forfeiture whatsoever incurred, or recoverable, for or by reason of any such 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 had thereupon. 6. Every person who has heretofore done, or omitted to do, The same as any act whatsoever, which, according to the provisions of this *V*^^f°°^like act, it was not lawful for him to do, or omit to do, but which, ' 28 REGISTRATION DIVISION OF MONTREAL. reason, have omitted to act, in L. C. orU. C, respectively. by reason of the uncertainty as to the said line of division it was reasonable for him to suppose he might lawfully do, or omit to do, is hereby indemnified, freed and discharged from and against all damages and penalties incurred or recoverable, for or by reason of his having done, or omitted to do, the same ; and in ease any action, suit, bill of indictment, or information shall, after the passing of this act, be brought, carried,, or pro- secuted against any person hereby meant to be indemnified, freed and discharged, from and against any damages or penalty whatsover incurred, or recoverable, for or by reason of his having done, or omitted to do, any such act, 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 had thereupon. Act not to 7'. Nothing in this act contained shall be construed to vary 6 of cap. 3 of *'^ repeal any of the provisions of the sixth section of the third Con. Stat, of chapter of the Consolidated Statutes for Upper Canada. U. Canada. ^ ^^ 38 VICTORIA, CHAPTER 17. (Quebec.) An act to divide the registration division of Montreal into three registration divisions. [Assented to 23rd February, 1875.] TTER MAJESTY, by and with the advice and consent of the ■*-*- Legislature of Quebec, enacts as follows : Note. — Section tO consolidated. The remainder of the chapter is repealed by 49-50 V., c. 96, s. 17, with the exception of section 9, which remains in force, as follows : Fees exigible. _ 9. The fees exigible and received for registrations effected in the registration division of Montreal, under the act of the late Province of Canada, 12 Vict., chap. 112, and under the act of the said province, 29-30 Vict., chap. 28, shall continue to be paid and received in the various registration divisions by this act established, until they are revoked, altered or changed according to law. PART OF ST. JOSEPH OF POINTE LEVY ANNEXED, &0. 29 23 VICTORIA, CHAPTER 78. (Canada.) An act to annex to the county of L6vis, for regis- tration purposes, that part of the parish of St. Joseph de la Pointe Levy, foi'merly included, for electoral purposes, in the county of Belle- chasse. [Assented to 19th May, I860.] T7r7"HEREAS a great majority of the inhabitants of the por- Preamble. ' ' tion of the parish of St. Joseph of Point Levy, herein- after designated, have, by petition, represented that they are now within the county of L^vis, for electoral purposes, but are still within the county of Bellechasse, for purposes relative to the registration of deeds, and that they are thereby sub- jected to great inconvenience, and have prayed that the said portion of the said parish may be attached to the county of Levis, for the purposes last aforesaid, and whereas it is expedient to grant their prayer ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows ; 1. All that portion of the parish of St. Joseph of Pointe Levy, The said por- which is now within the county of L6vis for electoral purposes, *'•"! ?*' ''^^ but not for purposes relative to the registration of deeds and attached to other documents affecting real property, shall, from and after coi>}ty. "f the first day of July next, be attached to the county of L6vis, reristrat^ion for the purposes last iiaentioned, and detached, for the said pur- purposes. poses, from the county of Bellechasse, and shall form part of the same registration division as the remainder of the said parish. 3. The local municipality of the said parish, or the muni- Copies, &c,, cipality of the county of L6vis, or the two municipalities tdgeth- °^ certain • do CUIUS UTS er, after having provided the funds to meet the requisite may be pro- expenses, may require from the registrar of the county of cured from Bellechasse, copies of the registrations effected in his office, of fg^ the^^egis- all actes, judicial proceedings, judgments and other documents try office. affecting real property situate in the said portion of the parish of St. Joseph of Pointe Levy, or of such extracts from such documents so enregistered, as may be required. 3. Such copies or extracts shall be certified by the registrar How such for the county of Bellechasse, and shall be transcribed, legibly '^?^\f^-^ ^'^■'^ and in order, in books suitably bound, to be provided by the and kept, and said municipalities, or such one of them as shall have requii-ed for ■'^liat the same ; and the said registrar for the county of Bellechasse P"''P°^^- shall be bound to make and furnish the same upon being paid 30 JUDICIAL DISTRICT OF OTTAWA. therefor out of the funds to be provided as aforesaid, at the rate of four pence currency for every hundred words of such copies or extracts, or such other sum as may be agreed upon between the said registrar and the said municipalities, sepa- rately or collectively. Registrar of 4. The Said registrar for the county of Bellechasse, upon bound to^ fur- receiving payment as aforesaid, shall be bound to transmit the nish such said copies or extracts to the registry office for" the county of copies, &o. L^vis ; and it shall be lawful thereafter for the registrar for the county of Levis to give copies and certificates, and to per- form all such other official acts in relation thereto as he would do, and would be bound to do, if such deeds and other docu- ments had been originally enregistered and made in his own registry office ; and to demand and receive the same fees Effect of such therefor ; and such extracts, copies, certificates and acts shall copies. priTnd facie have the same effect as though they had been given and executed by the registrar for the county of Belle- chasse, who had the custody of the books, entries and original documents to which they relate, saving, however, the right of any party to prove error therein, and the recourse of any party against the registrar for the county of Bellechasse, if the error be found in the copies furnished by him to the registrar for the county of L6vis. Public act. 5. This act shall be a public act. Pees. Preamble. 43-44 VICTORIA, CHAPTER 7. (Quebec.) An act to divide the judicial district of Ottawa into two judicial districts and for other purposes. [Assented to 24sth July, 1880.] T^HEREAS the increasing wealth and population of the ' ^ counties of Ottawa and Pontiac, render it expedient to provide for the more effectual administration of Justice therein ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : pivision of 1. The judicial district of Ottawa shall be divided into two trict"of judicial districts, one to comprise the county of Ottawa, and. to Ottawa. be called the : " District of Ottawa, " and the other to comprise mrricta.""''* ^^^ county of Pontiac, and to be called the: " District of Pontiac." From and after the day to be appointed for that purpose in any proclamation to be issued by the Lieutenant-Governor in Council, appointing such day and the times at which the terms of the Crown side of the Court of Queen's Bench are to be held in the said districts, declaring such district to be established JUDICIAL DISTRICT OF OTTAWA. 31 for all purposes of the administration of Justice in criminal matters, and further declaring that a proper gaol and court house, for the said district of Pontiac, have been erected at Bryson, in the said district, or at such place as, at the time of the proclamation, shall be the chef-lieu of the county of Pon- tiac, — the said county of Pontiac shall thereafter cease to form part of the said district of Ottawa, and such district of Pontiac shall thereafter be fully established for all purposes whatever, and the said district of Ottawa shall comprise the county of Ottawa alone. Note. — The substance of the above section is reproduced in J)9- 50 v., c. 6, and appears as a foot note on page 52 of the Revised Statutes of Quebec, and is mentioned in the references to article 2. Provided always, that notwithstanding any such procla- Proviso, as to> mation, all suits, actions and proceedings in or before the Supe- aUeadT'co^- rior Court, or any other court, civil or criminal, commenced menced: before the day appointed in such proclamation, as that from and after which the said district of Pontiac is to be established, shall, as also all matters and proceedings incident or relative thereto, be continued, completed, dealt with and considered, as if the said district of Pontiac, established by such proclamation, had not been so proclaimed. 3. There shall be the same officers; connected with the Officers in th& administration of Justice in the district of Pontiac, as in the district of other districts of the Province ; and, after the issue of the pro- clamation, constituting such district, proper persons may be appointed to fill such offices, and all other provisions of law, touching such officers respectively, as well with regard to the security to be given by the persons holding the same, or the appointment of deputies, as with regard to other matters, shall extend to the like officers in the district of Pontiac ; provided always, that the security to be given by any such officers as aforesaid, appointed in the said district of Pontiac, shall not be higher than that given by persons, holding like offices, in the district of Ottawa. 4. From and after the said proclamation, all justices of the Justices of peace for the district of Ottawa, resident in the county of Pon- ^^ peace m tiac, shall, without any other commission, be justices of the continued peace for the district of Pontiac, and shall cease to be so for without new the district of Ottawa ; and all justices of the peace for the '='»"™'ssio°- district of Ottawa, residing in the county of Ottawa, shall con- tinue to be justices of the peace for the district of Ottawa. 5. A judge of the Superior Court may be appointed by the Judge may be Governor General in Council, and be assigned to discharge his ^fs^trict of °^ duties in the district of Pontiac, and he shall reside in such Pontiac. place as shall be directed by the Lieutenant-Governor in Coun- cil, but, until such nomination be made, the duties of such j adge shall be discharged by the present judge of the existing district of Ottawa or his successor. 22 CHEF-LIEU OP THE DISTRICT OF OTTAWA. Taxes on judicial pro- ceedings in ■the district of Pontiac. Fees on pro- ceedings to be tlie same in ■district of ' Pontiac as in •district of Ottawa. Loan by county of Pontiac, authorized. Proviso. 6. There shall not be exacted or paid any court house tax upon judicial proceedings in the dictrict of Pontiac. 7. The fees, payable upon judicial proceedings in the district of Pontiac, shall be the same as those payable in the district of Ottawa, but shall belong to the officers whose right it is to collect the same. 8. The county council of the county of Pontiac is hereby authorized to pass a by-law, authorizing a loan not exceeding the sum of twenty-five thousand dollars, for the erection of a suitable gaol and court house in the said county, and for that purpose to issue debentures, signed by the warden and coun- tersigned by the secretary -treasurer of the said county, which bonds or debentures shall be made in such form, and payable to such persons, and at such periods, and in such places, and with such rate of interest, not exceeding six per cent, per annum, and be made redeemable by a sinking fund or other- wise, as the said council may establish ; which by-law must, before coming into force and effect, be approved by the elec- tors of the said county, and by the Lieutenant-Governor in Council, in the manner provided in sections 1 and 2, of the sixth chapter, of the first title, of the second book, of the Municipal Code, of this Province. Art^i355^C. ». Article 1355, of the Code of Civil Procedure of Lower amended in Canada, is amended so as to include the district of Pontiac, ■consequence, among the districts of this Province. 49-50 VICTORIA, CHAPTER 6. (Quebec.) An act to change the chef -lieu of the judicial district of Ottawa. [Assented to 21st June, 1886.] Preamble. TT/^HEREAS the city of Hull is the most central place in ' ' the county of Ottawa, the most populous and commer- cial, and is the most easy of access for all the inhabitants of the said county, and whereas the public interests require that the chef -lieu of the judicial district, now at the village of Aylmer, be transferred to the said city of Hull ; Seeing the offer of the corporation of the city of Hull to build at its own charges a court house and gaol suitable for such purposes; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Chef-lieu of Ottawa dis- 1. When the county of Pontiac shall have availed itself of the provisions of the act 43-44 Victoria, chapter 7, and shall be CHEF-LIEU OF THE DISTRICT OF OTTAWA. 33 ■erected into a separate district, the city of Hull shall have tricttobe provided itself with water-works capable of protecting it hSi/**^ ^° against fire, and the corporation of the said city shall have selected a site which will be deemed suitable by the Govern- ment of this province, for building thereon a court-house and gaol, and such court-house and gaol shall have been built in a suitable manner for all the purposes of administration of justice, the Lieutenant-Governor in Council may, by proclamation, abolish the chef-lieu of the judicial district of Ottawa, now established at the village of Aylmer, and transfer the same to the said city of Hull, for all purposes connected with- the administration of both civil and criminal justice. • Note. — The provisions of ihe above section are mentioned i/n the foot note on page 62 of the Revised Statutes of Quebec and as a reference after article 6023 of the said Revised Statutes. S. Such court-house and gaol shall be built at the expense Court-house, of the corporation of the city of Hull. b %t*b ^HuU 3. The works of construction of the said court-house and Works to be gaol shall be performed under the direction of the Commis- i^^I^q^^. sioner of Agriculture and Public Works, and in accordance missionerof with plans, specifications and estimates which shall be supplied -*-8[ '^"1*°^^ by the said Commissioner and approved by the Lieutenant- Works! ''^ Governor in Council. 4. If any balance hereafter remains in any year of the Balance of building and jury fund, such balance shall, after the payment ^^"r ^"^f^f j^°^ of the expenses authorized by law, and of the debt now due after certain for the construction of new public buildings at Aylmer, go payments to towards reimbursing the corporation of the said city of Hull, to fiull."^^"^ for the cost of building the said court-house and gaol and the interest accrued upon the cost of such building. The said balance shall be paid over to the said corporation When to be at the expiration of each fiscal year, by the Provincial Treasurer. P^"^- 5. When the transfer of the chef-Ueu shall have been effected Upon transfer in accordance with this act, the Lieutenant-Governor may, by ^n record"' order in council, published in the Quebec Official Gazette, order &c., to be ' the removal, within a delay to be in his discretion determined, transferred. of all the records, registers, documents, archives, vouchers and judicial proceedings of the court, sitting at the village of Aylmer, to the chef-lieu in the city of Hull, and all judicial affairs con- nected with the present chef -lieu of the district of Ottawa shall, from and after the expiration of such delay, be transacted in the said city of Hull. 6. It shall be the duty of the sheriff, prothonotary, clerk and Duty of other officers of the district of Ottawa to effect the removal of ^f^f^j^J^^'to the aforesaid documents, within the delay prescribed by the effect such Lieutenant-Governor in Council, under penalty of a fine of five transfer. 3 34 JUDICIAL DISTRICT OF KAMOUEASKA. Penalty for hundred dollars and, in default of payment, imprisonment for neglect. gj^ months. Lieutenant- T. In the event of the neglect or refusal of such officers to' may indefault Perform the services required of them by the next preceding^ of such section, the Lieutenant-Governor in Council may authorize any officers so^ other competent person to effect such removal, and the costs documents, and disbursements, occasioned by such removal, shall be paid order some ^y the province, one else to ■' -^ do so. Proceedings 8. After the transmission of the said documents, all pro- trans^r*"* '° ceedings already had, shall be continued at the said new chef- lieu in the city of Hull, as if they had been had and taken in. such place. * Suspension of 9. Prescription and all delays of procedure in every case- and^defay'" pending at the abolished chef-lieu, shall be suspended and until court is shall cease to run, from the date fixed for the transmission of , ^^^ r' "^^^ *^® ^'^ documents, until the day of the opening of the sittings of the court in the new chef-lieu. Notices not lO. The continuation of proceedings in such pending cases- require . shall not require any new notice. Circuit Court ii_ The Circuit Court sitting at the city of Hull shall cease- to be aboi- to exist SO soon as the chef-lieu shall be there established irt ished when accordance with the provisions of this act. chef-lieu fixed there. Court-house 12. The court-house and gaol, so built in the city of Hull„ H'1i^t°^°b ^a s^^ll ^® considered as a public work and be under the control public -work, of the Commissioner of Agriculture and Public Works. 44-45 VICTORIA, CHAPTER 23. (Quebec.) An act to change the chef -lieu of the judicial district of Kamouraska. [Assented to 30th June, 1881.] Preamble. TXTHEREAS the chef-lieu of the judicial district of Kamou- ' * raska, which is now in the village of St. Louis de Ka- mouraska, in the county of Kamouraska, is no longer the true- centre of the population of the said district ; Whereas the most central locality, both from its population and its commercial transactions, is the town of Fraserville, in the county of Temiscouata ; Whereas the court-house and gaol of Kamouraska have been destroyed by fire, and it would be in the interest of all the inhabitants that they should be rebuilt in the most central locality of the said district ; and considering the offer made by JUDICIAL DISTRICT OF KAMOURASKA. 35 the corporation of the town of FraserTille to build the said court-house and gaol at its own expense ; Therefore, Her Ma- jesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. So soon as the corporation of the town of Fraserville, in Transfer of the county of Temiscouata, shall have built, in the said town, chef-heu of a court-house and gaol suitable, in every way, for the admi- to town 6f nistration of justice, the Lieutenant-Governor in Council may, Fraserville, by proclamation, abolish the judicial chef-Lieu of the district of conditions.*"* Kamouraska, now established at the village of St. Louis de Kamouraska, and transfer the same to the said town of Fra- serville, in the county of Temiscouata, for all purposes connected with the administration of both civil and criminal justice. Note. — The above section is mentioned as a reference after article 60^3 of the Revised Statutes. 2. Such court-house and gaol shall be built at the expense Costofbuild- of the corporation of the town of Fraserville, and shall be j"S court- completed within two years from the passing of this act. w*hom borne.. 3. The work of construction shall be performed under the Control of direction of the Commissioner of Agriculture and of Public buiWing such Works, and in accordance with the plans, specifications and '^°"'*" ''"^'^• estimates which shall be supplied by the said Commissioner and approved by the Lieutenant-Governor in Council. 4. The debentures hitherto issued to defray the expenses of Debentures the court-house and gaol of the judicial district of Kamouraska heretofore shall be assumed by the Province. assumed by Province. 5. All special taxes, imposed upon the district of Kamou- Certain raska, in accordance with the act 12 Victoria, chap. 112, shall to^c*ease*Tft^r cease to be levied, from and after the transfer of the chef-lieu, transfer. under this act, and thereupon the taxes for the said district shall be levied, as provided in the order in council of the 30th November, one thousand eight hundred and sixty-one, for the districts therein mentioned. 6. Hereafter, if any balance remains in any year of the Employment building and jury fund, such balance shall, after the payment of balance off of the expenses authorized by law, go towards reimbursing the \^ly fund^ ' corporation of the town of Fraserville for the cost of building the said court-house and gaol and the interest accrued upon the cost of such building ; and the said balance' shall be paid over to the said corporation at the expiration of each fiscal year, by the Provincial Treasurer. T. When the transfer of the chef-lieu shall have been Transfer of effected in accordance with this act, the Lieutenant-Governor records after may, by an order in council, published in the Quebec Ofiicial chef-Ueu° Gazette, order, within a delay to be in his discretion determined, 36 JUDICIAL DISTRICT OF KAMOUEASKA. the removal of all the records, registers, documents, archives, vouchers and judicial proceedings o£ the court, sitting at the village of St. Louis de Kamouraska, to the new chef-lieu, in the town of Fraserville, in the county of Temiscouata, and all Transaction judicial affairs connected with the present chef-lieu of the th "^"^ f^^^ district of Kamouraska shall, from and after the expiration of such delay, be transacted in the said town of Fraserville. Duties of cer- 8. It shall be the duty of the sheriff, prothctnotary, clerk and tam officers other officers of the judicial district of Kamouraska, to effect the transfer. removal of the aforesaid documents, within the delay prescribed by the Lieutenant-Governor in Council, under penalty of a fine of five hundred dollars and, in default of payment, imprison- ment for six months. Refusal of 9. In the event of the neglect or refusal of such officers, to officers to perform the services required of them by the next preceding: transfer. Section, the Lieutenant-Governor in Council may authorize Costs of such any other competent person to effect such removal, and the costs remoTal. a,nd disbursements, occasioned by such removal, shall be paid by the Province. Procedure 10. After the removal of the aforesaid documents, all pro- after removal, ceedings, already commenced, shall be continued in the said chef-lieu at Fraserville, as if they had been taken and com- menced therein. Suspension of 11. Prescription and all judicial delays, in any case pending prescription. a,t the chef-lieu so abolished, shall be suspended and cease to run from the day fixed for the removal of the aforesaid docu- ments, until the first day when the sittings of the court shall be held at the new chef-lieu. Continuance 12. It shall not be necessary, for the continuance of pro- ings^°°**'^' ceedings in such pending cases, that any fresh notice be given. Circuit Court 13. The change in the place of the chef-lieu of the judicial dis- °f ^1 n" t ^^^^^ °^ Kamouraska shall not affect the existence of the Circuit be affected. Court, sitting at Green Island, in the county of Temiscouata. Court-house 14. The court-house and gaol, thus built in the said town pubik work °^ Fraserville, shall be considered a public work and be under the control of the Commissioner of Public Works. MUNICIPALITY OF KINGSEY FALLS. 37 50 VICTORIA, CHAPTER 22. (Quebec.) An act to detach a portion of the municipality of Kingsey Falls from the county of Drummond and to annex it to the municipality of the township of Warwick, in the county of Artha- baska, for all purposes whatsoever. [Assented to 18th May, 1887.] WHEREAS a portion of the municipality of Kingsey Falls, Preamble. in the county of Drummond, is already annexed by canonical decree to the parish of Saint M^dard de Warwick, in the county of Arthabaska, for religious purposes ; whereas the inhabitants of that portion of the municipality of Kingsey Falls have by petition prayed to be annexed for all purposes to the municipality of the township of Warwick, and it is just to accede to their prayer ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts' as follows : Note. — Sections 1 and 3 are substantially consolidated in articles 64, 7% and 73 of the Revised Statutes, hut are inserted here to explain section 3, which remains in force. 1. All that part of the municipality of Kingsey Falls, in the Part of ooua- countv of Drummond, desimated as being lots numbers 19, ^^' o^ Drum- ■' „ ' s n II , T • f fTT • 1 mono annex- 20, 21 and 22 ot the second range oi the township or Warwick, ed to county lots numbers 19, 20 and 21 of the third range, and lots num- of Arthabas- bers 19 and 20 of the fourth range of the said township of Warwick, shall, from and after the passing of this act, be de- tached from the municipality of Kingsey Falls, in the county of Drummond, and annexed to the municipality of the town- ship of Warwick, in the county of Arthabaska, for all purposes whatsoever. 2. Numbers 2 and 18 of the table of article 5, numbers 2 49-50 v., o. and 22 of the table of article 13, and numbers 2 and 20 of the ?3 'amended!'^ table of article 14, of the act 49-50 Victoria, chapter 96, are modified accordingly. 3. Article 81 of the Municipal Code of the Province of Que- Art. 81 of M. bee shall apply to the division of the joint debts, obligations ^Vuion^of *** and claims of the said detached portion and the municipality debts. of Kingsey Falls, from which the former is detached. All debts contracted or taxes imposed and now exigible in Part of the the said municipality of Kingsey Falls, shall be borne by the ™hich'Fs°'to^ detached portion, in proportion to the valuation of its taxable bear debts, property, and shall be payable and exigible in the same man- '^''■ ner as if this act had not been passed ; and in this case of debts contracted before the separation of the said municipal- ities, the secretary-treasurer of the municipality of the township 38 Before what court suits may be brought. LINGWICK, BURY AND ORFORD — SURVEYS. of Warwick, in the county of Arthabaska, shall be obliged to furnish to the secretary-treasurer of the council of the county of Drummond an extract from the valuation roll of his muni- cipality, which extract shall contain the valuation of the prop- erty affected for the payment of such debts or taxes. In all judicial proceedings for the recovery of such debts or taxes, the detached portion may be summoned before the same court as the municipality of Kingsey Falls from which it is detached. Division Lines. — Confirmation, &c. Note. — The acts printed helow, although of local interest only, are given here for the purposes of article 5709 of the Re- vised Statutes of Quebec. 24 VICTORIA, CHAPTER 78. (Canada.) An act to confirm certain surveys in the town- ships of Lingwick, Bury and Orford. [Assented to 18th May, 1861.] Preamble. "TITHEREAS the British American Land Company acquired ' ' from the Crown and became the proprietors originally of all the lands in the township of Bury, in Lower Canada, with the exception of that certain lot of land numbered sixteen in the eighth range of the ranges of the said township, as delineated in the original survey by the Government of this Province, of the North quarter of the said township ; and whereas the said British American Land Company acquired of the Crown and became originally the proprietors of the whole of the township of Lingwick, in Lower Canada, except five hundred acres of land therein, situate in that part of the said last mentioned township as yet unsurveyed ; and whereas the said British American Land Company acquired from the Crown and became originally the sole proprietors of a large proportion of the lands in the eighth, ninth, tenth, eleventh, twelfth,. thir- teenth, fourteenth, fifteenth, sixteenth, seventeenth and eighteenth ranges in the township of Orford, in Lower Ca- nada, as delineated in the original survey of the said township of Orford by the Government of this Province ; and whereas the said lands in .the aforesaid townships are now held in fee simple to the said British American Land Company and their assigns ; and whereas the said British American Land Com- pany, prior to the alienation of such portions of the said lands in the said townships, as were held by them as proprietors as aforesaid, for the purpose of facilitating the settlement of the said lands, caused a survey and surveys thereof to be made, LINGWICK, BURY AND ORFOED — SURVEYS. 39 with figurative plans thereof, by provincial land-surveyors, "by accurate measurement, dividing and subdividing the por- tions of the said townships so surveyed by them into ranges -and lots differing in quantity of land and allocation of lots and denomination of ranges and lots, from the method adopted by the plans of the original surveys by the Government, of the .said lands, so far as such original surveys had been made ; and whereas the said British American Land Company have con- veyed and alienated divers lots and tracts of such lands to :settlers thereon, whereof the description in the deeds of aliena- tion and conveyance is based upon the surveys of the said lands and figurative plans made at the instance of the said •company ; and to obviate doubts and set at rest all questions of titles respecting the said lands, it is expedient to ratify and confirm the said surveys, measurements and figurative plans of the said lands, made at the instance of the said British American Land Company ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The survey and measurement of such portions of the Survey of cer- township of Bury, in Lower Canada, as hath been heretofore ^f gu^/'^b °"^ made by Joseph Pennoyer, Esquire, and John Sullivan, Esquire, Pennojer and provincial land-surveyors, for the British American Land SQlliTau Company, of the lands in the said township, belonging to the said company, at the time such siirvey and measurement was made, whereof the original field notes and figurative plan were guide the first settlers from Acton to the river St. Francis ; And whereas the said report was therefore disapproved by the government for the time being ; And whereas on the report of the Honorable ©eorge Etienne Cartier, then Attorney-General for Lower Canada, the Governor in Council, on or about the third day of December, eighteen hundred and fifty-six, ordered that the said line should be drawn on the land, in such manner as to give, as far as cir- cumstances and the nature of the case admitted, two hundred acres for each lot in the township of Grantham, with the usual reserve for public roads ; And whereas in accordance with the instructions of the' Department of Crown Lands, given in conformity to the said order in council lastly referred to, the said W. W. O'Dwyer made his report, (proces verbal), respecting the survey and homage of the said division line, bearing date the twentieth day of October, eighteen hundred and fifty-seven, in complete conformity with the said order in council lastly mentioned, and with the original plan of the original survey of the above- named James Rankin, and now filed in the archives of the department of the Commissioner of Crown Lands of the Province- of Quebec ; And whereas the proprietors of the lands in that part of the township of Upton, which "is contiguous to the said township of Grantham, have prayed, by petition,' that the said survey lastly mentioned of the said W. W. O'Dwyer, be confirmed by legislative authority ; And whereas the public interest demands that all grave- doubts be removed in relation to the said line, which divides not only two townships but two counties,— Bagot and Drum- mond, — and two great judicial districts, — Three Rivers and St Hyacinthe ; and that it is just and advisable that the true division line between the said townships be for ever settled and proclaimed ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Thelinelastly 1. The line which has been surveyed and established by the o''D™ye/ s^i^ y- W- O'Dwyer, as the same appears by the report above declared to be mentioned (proces-verbal) and on the accompanying plan, both south-west bearing date the twentieth day of October, 1857, copies whereof exterior line are filed in the office of the clerk of the Legislative Council of "hl^^o/*"^"" *^^^ Province, as part of the archives, shall be, and is hereby Grantham. declared to be the south-west exterior line of the said township of Grantham, according to the original survey thereof, and the true and invariable division line between the said township of Grantham and the said township of Upton. stones, &c., 2. The stones, posts and other boundaries placed by the said Terified°by W. W. 0'D\yyer, or verified by him, as marking the course of him shall the Said division line, shall be and are hereby declared . to be DIVISION BETWEEN GRANTHAM AND UPTON. 51 the true and settled marks of the said division line between avail aa the said townships. marine. 3. A copy of the said report, (prochs-verbal) and of the ^Copies of his plan accompanying the same, shall be deposited in the office r^°g"t\J°d*'iQ of the registrar for the county of Bagot, and another copy in Bapot and the office of the registrar for the county of Drummond. Urummoad. 4. Nothing contained in this act shall be understood as Rights of fixing or being intended to fix the division line between ""^'^ff^^t'^ adjacent lands in such a manner as to affect in any way what- soever the rights of individuals in relation to such lands, nor shall it in any manner prejudice the rights of individuals. TITLE II. LEGISLATIVE POWER. 29-30 YICTOEIA, CHAPTER 9. (Canada.) An act for indemnifying the members of the Executive Grovernment, and others, for the un- avoidable departure from the provisions of the Audit Act, occasioned by the necessity of main- taining a large Militia force on active duty on the frontier, in the years 1865 and 1866. [Assented to 15th August, 1866.] Preamble. "TTiTHEREAS it appears that in consequence of the necessity T T of maintaining a large Militia force on active duty on the frontier, in the years one thousand eight hundred and sixty- five and one thousand eight hundred and sixty-six, it became indispensably necessary that the Executive Government of this Province, should authorize the advance and expenditure out of the Consolidated Revenue Fund of the sum of seven hundred and seven thousand three hundred and thirty-nine dollars and forty-nine cents, not provided for in the supply bill of the now last session, and should apply the sum of thirty thousand dollars, out of the sum appropriated by that act for Militia clothing, towards the expenses of the frontier service, and should authorize the redistribution of the aggregate sum ap- propriated by the said act for all branches of Militia expen- diture, so as to meet the actual requirements of the service, thus unavoidably departing from the provisions of the eighth section of the Act to amend the law respecting the Public Accounts and the Board of Atulit ; — and whereas full detailed accounts of the sums so advanced, redistributed and e^ipended, up to the eighth day of June, one thousand eight hundred and sixty-six, inclusive, were laid before the Provincial Parliament immediately after the opening of the present session, with copies of orders in council of the tenth day of April and second day of June, one thousand eight hundred and sixty-six, under which the said advances, redistribution and expenditure were made, and copies of the reports of the Auditor, and of the Minister of Militia, on which the said orders in council were based, and of the special warrants signed by His Excellency the Governor General, in pursuance of the same ; and whereas it is expedient under the circumstances above mentioned, to indemnify the several officers and persons concex'ned in advis- REMOVAL OF DISABILITIES. 53 ing and giving effect to the said orders in council, and to , , provide for the case of further advances and expenditure | becoming necessary for like purposes before the same can he \ voted and granted by Parliament ; Therefore, Her Majesty, by ^, and with the advice and consent of the Legislative Council and , Assembly of Canada, enacts as follows : I . The members of the Executive Council of this Province, AH parties the Auditor and all officers and persons concerned in advising concerned m or in carrying out the orders in council referred to in the pre^ departure amble to this act, or in advancing or expending the sums of f'"™, ^^^ money therein mentioned, in pursuance of the said orders in indemnified. council, and of the redistribution of the appropriation for the Militia Service as aforesaid, shall be and are hereby indemnified and exonerated from all liability therefor, and the said redis- tribution shall be held lawful and valid ; and the sums already Expenditure expended up to the eighth day of June as aforesaid, and any {"^^ul^^f*^ further sums which it may have been or may be necessary to covered br advance or expend for like purposes, and under like reports supply bill. and orders in council, between the day last mentioned, and the passing of the supply bill in the present session, shall be held to have been lawfully advanced and expended, provided they be covered and made good by appropriations for that purpose in the said bill. 45 VICTORIA, CHAPTER 6. (Quebec.) An act to remove certain disabilities arising from infringements of "The Quebec Election Act.'' [Assented to 27th May, 1882.] WHEREAS, when candidates are found guilty of any illegal Pieamble. acts, there is no provision of law by which such candid- ates may be relieved from the penalties or the disabilities they may have incurred, even when extenuating circumstances exist, or when, after the trial, circumstances are brought to light so as to cast a doubt upon the proof against the cajididate ; and whereas, owing to the circumstances accompanying such election, suits, from the coming into force of the Quebec Election Act, it is only just and expedient to come to the assistance and im- prove the position of candidates who have been convinced of illegal acts 5 Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. No judgment, order, or report, hitherto pronounced or Judgments made, shall hereafter have the effect of rendering a candidate '„ fj.a^'t^oaf of unfit to be elected a member of the Legislative Assembly or Election Act incapable of being inscribed as an elector, or hereafter voting I'eretofore 54 MEMBERS INDEMNIFIED. rendered not at elections, or incapable o£ any office within the gift of the to render c^n- Qj^-q^q or of the Lieutenant-Govemor in the Province. ' didate unht ' to be elected, *=■ . ^ 2. The present act shall come into force on the day of its Act m force. , . -"^ "' ' sanction. 51-52 VICTORIA, CHAPTER 7. (Quebec.) An act to declare indemnified certain members of the Legislative Assembly. [Assented to 12th July, 1888.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Certain mem- 1. -The members of the Legislative Assembly, who have iat7ve^Ass«rn- taken part in the revision or codification of the statutes of the biy acting on Province, and those who formed part of the commission ap- certain com- pointed on the eighteenth of August, 1887, to hold an investig- receiving ation into all matters connected with our system of Agriculture, pibl'c money are hereby declared indemnified to all intents and purposes, and^heid ^ from what they have incurred or may incur through their harmless. ' having received or because they may have received or because they may receive an indemnity for their services ; and it is further specially enacted that none of them has or shall have .rendered his seat vacant on account of the same. Coming into 2. This act shall come into force on the day of its sanction, force. -^ TITLE III. EXECUTIVE POW^ER. CONSOLIDATED STATUTES OF CANADA CHAPTER 12. An act respecting the commissions of public offi- cers and the oaths of office and security to be takep. and given by them. TTER MAJESTY, by and with the advice and consent of the -*--*■ Legislative Council and Assembly of Canada, enacts as rfoUows : Note. — The whole of this chapter is consolidated except sec- ,tion 7 which remains in force as follows : NO RELIGIOUS TELT REQUIRED. 7. It shall not be necessary for any person for the purpose of qualifying himself to hold office in this Province, or for any ■other temporal purpose, privilege or advantage whatsoever within the same, — to receive the Sacrament of the Lord's Supper according to the rites or usages of the Church of England, or to deliver a certificate or make proof of his having received the said Sacrament in manner aforesaid ; — And no person shall, within this Province, be subject to any penalty, forfeiture, inca- "pacity or disability whatsoever, for or by reason of his not 'having so taken or received the said Sacrament. 13-14 V., c. 18, s. 6. TITLE IV. PUBLIC DEPARTMENTS AND MATTERS CONNECTED THEREWITH. Treasury Department. CONSOLIDATED STATUTES OF CANADA. CHAPTER 83. An act Tespecting the Consolidated Municipal Loan Fund. HER MAJESTY, by and with the advice and consent o£ the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter is printed i/n substance in the Revised Statutes as preamble to article 1123. The first 86 1. The sections of this act numbered two to eighty-six are- sections to be ^ jjg construed and take effect subject to the provisions con- the sub- tained in the sections following the eighty-sixth, numbered. sequent eighty-seven to one hundred and eight. 22 V., c. 15, (1859.) ssctionSi Municipal 2. Whereas by the act passed in the sixteenth year of Her established^ Majesty's Reign, chapter twenty two, intituled: An Act to establish a Consolidated Municipal Loan Fundfo^- Upper Can- ada, and by certain subsequent acts extending the same, there was established a Consolidated Municipal Loan Fund for each section of the Province of Canada, not at any time to exceed the sum of one million five hundred thousand pounds sterling for either of the said sections, together with such further sum or sums of money as may constitute the sinking fund under the authority of this act or any former act : Called the L. Therefore the said funds shall continue to be called respect- Loan Fund?" i'^sly *h6 Lower Canada Municipal Loan Fund and the Upper Canada Municipal Loan Fund, and shall be managed by thfr Receiver General, under the direction of the Governor in Coun- Continued, cil, in the manner provided by this act, in separate accounts for each, and the books and accounts thereof shall be kept in his office. 18 V., c. 13, ss. 1, 2,-16 V., c. 22, s. 1. Debentures to 3. All debentures issued l?y the Receiver General, under the credlt'thereof. P^P^isions of this act, shall be issued upon the credit of the ■ said Consolidated Municipal Loan Fund of Lower Canada or of Upper Canada, as the case may be. 18 V., c. 13, s. 3. Municipali- 4. The council of any county, city, incorporated town, ties may raise township or village, may, if not already done, authorize by CONSOLIDATED MUNICIPAL LOAN FUND. 57" by-law, any sum of money, not exceeding in ■the whole, inclu- money on tha ding sums already raised, twenty per cent, on the aggregate fy^'^'* °^ '*''* valuation of the property in the municipality according to the then last finally revised assessment-roll thereof and affected by the bj'^-law, to be raised on the credit of the said fund avail- able to such council, and may appropriate such sum, or so much thereof as may be found requisite, to defray the expense of building or improving any gaol or court-house for the use of such municipality, or for acquiring, constructing or completing, or assisting in the consti-uction or completion of any railroad, canal or harbour, or for the improvement of any navigable river, within or without the municipality, the acquisition or construction whereof will benefit the inhabitants of such For certaim county, city, town, township or village. 16 V., c. 22, s. 2. — purposes. 16 v., c. 123, s. 7,-18 v., c. 13, s. 2. 5. The council of any incorporated city, town or village And other- may, by by-law, authorize any sum of money, not exceeding "jtjgg*^^" twenty per cent, as aforesaid, to be raised on the credit of the ' said fund, available as aforesaid, and appropriate the same, or so much thereof as may be necessary, to defray or aid in de- fraying the expense of erecting, prosecuting and maintaining any gas or water works within or for the use of such city, town or village, or its salubrity, drainage or more perfect sanitary condition, or for constructing or aiding in the con- struction of any plank or macadamized road for the benefit of any such city, town or village. • 18 V., c. 13, s. 4, — 16 V., c. 22, s. 2. 6. The council of any city or county may, by by-law. And for addi- authorize any sum of money, not exceeding twenty per cent, giJjecJg as aforesaid, to be raised on the credit of the said fund, avail- able as aforesaid, and appropriate such sum, or so much thereof as may be necessary, to defray the cost of making or improving any bridge, macadamized, gravel or planked road, within or without the municipality, the making or improving whereof will benefit the inhabitants of such county or city. 16 V., c. 22, s. 2,-18 v., c. 13, s. 4,— /See 16 V., c. 123, s. 7. '7. The council of any municipality in Lower Canada AdditionaE may, in addition to the powers above granted, raise upon the po'^ers ia credit of the share of the said fund set apart for Lower Canada, any sum of money which they deem necessary for the opening, establishing, contracting, repairing or improving, either within or without the limits of the municipality, of any road, street or bridge, the construction and maintenance of which will be advantageous to such municipality ; and appropria- tions out of the said fund which, prior to the tenth day of June, one thousand eight hundied and fifty-seven, had been made by municipal corporations in Lower Canada, for the purposes aforesaid, are hereby approved and confirmed. 20 V., c. 42, ss. 2, 3. -58 CONSOLIDATED MUNICIPAL LOAN FUND. What by- 'iJaws are to -express. "What by- laws may 'j)roTide. iHeeital, &c. 8. Every by-law above mentioned shall declare the purpose to which the sum to be raised shall be applied, and make such other provisions as may be requisite for ensuring the due application of the money, and the attainment of the objects contemplated by the by-law. 16 V., c. 22, s. 2. 9. Any such by-law may provide that the assistance of the Municipality shall be granted towards any of the purposes aforesaid, specifying the same, either by subscribing on behalf of the municipality for stock in any company incorporated for any such purposes, or by loaning money to such company, or to any board of commissioners incorporated for any of the above purposes, in which case the security to be taken from the com- pany or board of commissioners, and the other terms of the loan, shall be mentioned in the by-law. 16 V., c. 22, s. 2, sub-s. 1. 10. The by-law shall recite that the loan is to be raised under the provisions of this act, and shall express the term for which the loan is required, which shall not in any case exceed thirty years, nor be less than five years. 16 V., c. 22, s. 2, sub-s. 2. If by-law passed by a county council. 11. If the by-law has been passed by a county council, the principal and interest of the loan shall be payable by all the townships, towns and villages in the county, and the county treasurer shall in each year apportion the amount to be paid by each, according to the amount of property returned upon the assessment rolls of such townships, towns and villages respectively, for the financial year next preceding that for which the apportionment is to be made. 16 V., c, 22, s. 2, sub-s 3. Publication •of by-law ibefore pas- sing. 12. Such by-law, or every material provision thereof, shall for at least one month before the final passing thereof, be pub- lished for the information of the rate-payers in some news- paper published weekly or oftener, within the territorial juris- diction of the municipality, or if there be no such newspaper then in some newspaper published in the place nearest to such jurisdiction, and also by posting the same up in at least fcfur public places in the municipality, (and if it be a by-law of a county council then in each municipality in such county) with a notice signed by the clerk of the municipality in the council of which the by-law originated, specifying in such notice the date of the first publication of the by-law and signifying that it is a true copy of a by-law which will be taken into consideration by the council of the municipality after the expiration of one month from the first publication thereof in such newspaper, and that on some day and at some hour and place, (or if the meeting be for a county by-law, places,) named ^ in the notice, and which shall be previously fixed by the said council, such day not being less than three weeks, nor more than four weeks after such first publication, a general meeting of the qualified municipal electors of the municipality, (or of the several municipalities within the CONSOLIDATED MUNICIPAL LOAN FUND. 59 county,) will be held for the purpose of considering such by- law, and approving or disapproving of the same. 16 V., c. 22, s. 2, sub-s. 4. 13. On the day and at the hour and place (or places) ap- To be sane- pointed by such notice, "the qualified municipal electors, or such gjggtoi.^^ *^* of them as choose to attend the meeting, shall take the said by-law into consideration and shall approve or disapprove of the same. 16 V., c. 22, s. 2, sub-s. 5. 14. At such meeting the mayor or reeve of the municipality Who to pre- in which it is held shall preside, or in his absence some other ^ggj^" ^f member of the council of such municipality to be chosen by electors. the meeting. 16 V., c. 22, s. 2, sub-s. 5. 15. The clerk of such municipality shall have with him the The clerk to assessment rolls of the municipality then in force, or certified P'''"^'*''^ '^°^^^- copies thereof, and shall act as secretary ; and the only ques- tion to be determined at such meeting, shall he whether the majority of the municipal electors present thereat, do or do not approve of the by-law. 16 V., c. 22, s. 2, sub-s. 5. 16. When the question has been put, the person presiding Putting the shall declare whether in his opinion the majority is for the ap- 6. The proceeds of such rate shall be applied by the trea- Application sm-er exclusively towards the payment of the sum payable by "* proceeds. the municipality to the Receiver General in each year, if such sum be not then already paid, but if it be then already paid or there be any surplus of the said rate after paying it, the rate or surplus may be applied to the other purposes of the municipal- ity, in like manner as the proceeds of other rates. Ih., No. 3. ST. Any treasurer, collector or other municipal officer or Penalty on fiuictionary, or any member of the municipal council, wilfully °i^°'°^^jf3t neglecting or refusing to perform or concur in performing any complying official act requisite for the collection of the said rate, or mis- with this act. applying or being a party to the misapplication of any portion of the proceeds thereof, shall be held guilty of misdemeanor, and such treasurer, collector, or otl: er municipal officer, mem- ber or functionary and his sureties shall moreover be personally liable for any sum which, by reason of such neglect, misconduct, refusal or misapplication, shall not be paid to the Receiver General at the time required by this act, as for moneys received by such member, treasurer, collector or other municipal officer or functionary for the Crown. Ih., No. 4. 0?». Whenever it appears to the Governor in Council, upon Governor in the report of the Receiver General, that a lower rate in the aii"°°a l™wer dollar, than the rate aforesaid in any municipality will be there- rate, when- after sufficient to pay the interest and contribution to the sink- ever it shall ing fund payable by such municipality in each year, under gufficient. the acts aforesaid, such lower rate may be substituted by order in Council for the rate aforesaid, for all the purposes of this act. Ih., s. 4, (1859.) ■ tM>. Whereas by the act passed in the twenty-second year Seignorial of Her Majesty's Reign, intituled : The Seignorial amendment ^"t of TsTJ) Act of 1859, it is provided, — that a sum of money bearing the cited, same proportion to that which under the provisions of the said 76 CONSOLIDATED MUNICIPAL LOAN FUND. How the sum given to the . C. town- ships shall be divided. Advances may be made. act will be payable yearly to the seigniors in Lower Canada> as the population of the townships of Lower Canada shall, by the census of one thousand eight hundred and sixty-one, bis found to bear to that of the seigniories, — shall be payable yearly, out of provincial funds, to the credit of the Lower Canada Municipal Loan Fund, but for the benefit of the town- ships only ; — And whereas it is necessary to provide for the application of the said sum, to the purposes contemplated by the said act, therefore, — 1. The said sum shall be divided among the several town- ships in Lower Canada and the town of Sherbrooke, in propor- tion to their respective population as shewn by the said census of one thousand eight hundred and sixty-one ; and in the meantime advances may be made yearly to each of them, accord- ing to such approximate estimate as the Governor in Council, according to the best information obtainable, may sanction, subject to adjustment in account so soon as such proportion shall be established ; Capital may be paid at 75 per cent. 2. It shall be lawful for the Governor in Council to direct the Receiver General to pay the capital of the yearly sum coming to any such townships or to the said town, at the rate of seventy -five per cent, of such capital, in discharge of the whole ; County councils may appropriate such sum by by-law. Proviso : who may vote on such by-laws. Proviso : if the county council do not make the appropriation within a cer- tain time. As to certain municipal- ities. 3. It shall be lawful for the county council of any county in Lower Canada including within its limits any township or townships, and for the town council of the said town of Sherbrooke, to pass by-laws with the approval of the Governor in Council for appropriating the said yearly sum or capital or any part of either, for any public improvement or improvements within the county or town ; — ^provided that in counties includ- ing a seigniory or seigniories, the county councillors repre- senting municipalities composed of townships or parts of town- ships, shall alone be entitled to vote on any by-law for such appropriation, and such councillors or the majority of them shall, as regards such by-law, form a quorum of the council, whatever be their number ; and provided also, that if such appropriation be not made by the council of any such county within twelve months from the 4th day of May, 1859, the sev- eral local councils in such county, with the like approval, may pass by-laws for appropriating to the like use their share of such yearly sum or capital ; and payment of such yearly sum or capital shall be made for the purposes of such appropriation only; 4 Any municipality having the powers as well of a county council as of a local council, shall be held to be a county council within the meaning of this act 22 v., c. 15, s. 5, (1859.) Receiver 100. So long as any sum of money is payable to the Receiver General may General by any municipality under the acts aforesaid, or under CONSOLIDATED MUNICIPAL LOAN FUND. 77 the first eighty-six sections of this act, he may always retain retain money in his hands any sum of money which would otherwise be pay- prgy^nce* able by him to such municipality, crediting the same to it, in his accounts with it under the said acts. lb., s. 6. 101. In the eighty-seventh and following sections of this Interpreta- act the word " treasurer " includes every secretary-treasurer, ^ordg uged'in chamberlain, or other municipal officer or person, entrusted this act. with the custody of the funds of any municipality, the expres- sion " assessment roll " includes valuation rolls, — and the roll which is to serve for any year is the roll for that year what- soever be the year in which it was made, — the expression •'collector's roll" includes any roll or document shewing the amount to be collected from each rate payer, — the word " col- lector " includes the secretary-treasurer in places where that officer collects the municipal taxes ; — and the word " munici- pality " includes incorporated cities and towns. 22 V., c. 15, s. 7, (1859.) 102. Nothing in the eighty-seventh and following sections Act not to of this act shall be interpreted as legalizing any by-law or pro- ^^ebentures^ ceedings had under the acts hereby amended, nor as legalizing &c. , not the issue of any debentures on the credit of the Consolidated otherwise Municipal Loan Fund in consequence of such by-laws or pro- ceedings, lb., s. 8. AS TO SUMS PAYABLE UNDER THE SEIGNORIAL TENURE ACTS. 1©3. In case the sums payable out of the Consolidated Reve- When a sum nue Fund under " The Seignorial Act of 1854," exceed in the apart for the whole the total amount of the sums arising from the sources of exclusive revenue specially appropriated by that act, and any interest advantage of allowed thereon, as therein provided, a sum equal to such excess Canada, shall be set apart to be appropriated by Parliament for some local purpose or purposes in Upper Canada. 18 V., c. 3, s. 18, last clause. 104. The sum paid by the Receiver General as interest under Payments the third section of "The Seignorial Amendment Act, 1855," ^°^«3^ is Vic.^ shall be taken into account in ascertaining the sum to which' be considered Upper Canada may be entitled for local purposes under " The |n ascertain- Seignorial Act of 1854," as in the last section mentioned. 18 V., f"? uppe™ C. 103, S. 3, proviso. Canada. 105. A sum of money equal in amount to the capital at six Sums payable per cent per annum, of the sum which under the provisions of ^° ^gr^^g^ct " The Seignorial Amendment Act of 1859, " will be payable to be deduct- yearly to seigniors in Lower Canada out of provincial funds, ^ ''rom the added to the sum of thirty-five thousand pounds payable to the Canada Seminary as therein also provided, — shall be deducted from Municipal the amount of the Lower Canada Municipal Loan Fund. 22 ^°°'" ^"°'^- Y., c. 48, s. 19, (1859.) 78 CONSOLIDATED MUNICIPAL LOAN FUND. to Upper Canada Municipal Loan Fund Sum payable 106. A sum of money equal to that which under the pro- visions of the said " Seignorial Amendment Act of 1859," will be payable yeai-ly to seigniors in Lower Canada out of the provincial funds, over and above the amount payable to them out of the fund for the relief of the censitaires under " The Seignorial Act of 1854, " — shall be payable yearly out of the Consolidated Revenue Fund of this Province to the credit of the Upper Canada Municipal Loan Fund, in reduction to the advances that have been or may be made from time to time from provincial funds on account of the said fund. lb., s. 20. Payment not to diminish liability of municipal- itieB. 107. Such payment shall not in any way extinguish or diminish the individual liability of the municipalities, which have become indebted upon the security of the said loan fund, — but the said yearly sum shall, so soon as the Province ceases to be under advances of the said loan fund, be added to the Upper Canada Municipalities Fund (Clergy Reserves) and distributed in like manner ; and so long as any munici- pality shall at any time be in default in any payment which ought to have been made by it to the said loan fund, such municipality shall have no share in any distribution of the Upper Canada Municipalities Fund (arising from the Clergy Reserves) which shall be made while such municipality is so in default, and the share it would otherwise have had shall go to the other municipalities. 22 V., c. 48, s. 20, (1859.) Tobei" 108. The sums payable under the two last sections, shall sum payable be in addition to the sum to be appropriated for local purposes under act of in Upper Canada under the Seignorial Act of 1854. lb., s. 20. 1854. ^^ ° Sum payable 109. A Sum of money bearing the same proportion to that of the town- which under the foregoing provisions will be payable yearly to the seigniors in Lower Canada, as the population of the town- ships of Lower Canada shall, by the census of one thousand eight hundred and sixty-one, be found to bear to that of the seigniories, — shall be payable yearly, out of provincial funds, to the credit of the Lower Canada Municipal Loan Fund, but for the benefit of the townships only, including St. Armand East and West, in the County of Missisquoi. lb., s. 21. ships in Lower Canada. CONSOLIDATED MUNICIPAL LOAN FUND. 79> 31 VICTORIA, CHAPTER 9. (Quebec.) An act respecting the Treasury Department and the public revenue, expenditure and accounts. [Assented to 2Mh February, 1868.] TTER MAJESTY, by and with the advice and consent o£ -'--^ the Legislature of Quebec, enacts as follows : NoTE.^ — Section 5 repealed by ^9-50 Vict, c. 97, s. 88. The remainder is repealed by 49-50 Vict, c. 101, s. 96, except section 32, which reonains in force as follows : 32. The secretary treasurer or treasurer of every municipal- Annual ity for which any sum of money has been raised on the credit ^'^IV" ^^ of the Consolidated Municipal Loan Fund of the late Province municipal- of Canada, shall, so lone as any part of such sum or of the i^'^^ indebted . , I. J.1 • -J u T. • ■ Ti. J. to municipal interest thereon remains unpaid by such municipality, trans- loan fund. mit to the Treasurer, on or before the thirtieth day of January or such other day in every year as may be ordered by the Lieutenant-Governor in Council, a return, certified under his oath before some justice of the peace, setting forth the amount of moveable property in such municipality according to the then leist assessment roll or rolls, a true account of all the assets, debts and liabilities of such municipality, and all such information and particulars as to the resources, debts and liabilities thereof as the Lieutenant-Governor in Council may from time to time require. 45 VICTORIA, CHAPTER 21. (Quebec.) An act appropriating the j)rice of the Quebec, Montreal, Ottawa and Occidental Railway, to the payment of the consolidated debt of the Province. l^OTE. — See Title XI under head of " Railways." so EAILWAY FUND AND SUBSIDIES. 49-60 VICTORIA, CHAPTER 2. (Quebkc.) An act appropriating to the payment of the con- solidated debt of the Province, the grant made by the Government of the Dominion of Canada, to the Government of the Province of Quebec, under the Federal Act, 47 Victoria, chapter 8. Note. — See Title XI under head of " Railways." 40 VICTORIA, CHAPTER 2. (Quebec.) An act respecting the consolidated railway fund of the Province of Quebec. Note. — Bee Title XI under head of " Railways." 41 VICTORIA, CHAPTER 1. (Quebec.) An act respecting the consolidated railway fund of this Province, (40 Vict., cap. 2.) Note. — See Title XI under head of " Railways." 39 VICTORIA, CHAPTER 4. (Quebec.) An act authorizing the issue of provincial deben- tures, for the payment of the subsidies granted to railway companies. Note.— /Sfee Title XI under head of " Railways." RAILWAY FUND AND SUBSIDIES. 81 43-44 VICTORIA, CHAPTER 45. (Quebec.) An act authorizing the issue of provincial deben- tures for the payment of the subsidies granted to railway companies, and for completing the Quebec, Montreal, Ottawa and Occidental Eail- way, and for other purposes. Note. — See Title XI under the head of Railways. Acts granting subsidies to various railways, viz : 32 Vict., chap. 52.-33 Vict., chap. 35.-34 Vict., chap. 21.— 35 Vict., chap. 22.-35 Vict., chap. 23.— 30 Vict., chap. 42.-37 Vict., chap. 2.-38 Vict., chap. 2.-39 Vict., chap. 3.-40 Vict., chap. 3. — 41 Vict., chap. 2. — 43-44 Vict., chap. 45. — 44-45 Vict., chap. 3.-45 Vict., chap. 23.-46 Vict., chap. 85.-49-50 Vict., chap. 2.— 49-50 Vict., chap. 76.-49-50 Vict., chap. 77.— 51-52 Vict., chap. 91. Note. — See Title XI under the head of " Railways " and sub-head " Subsidies to Railways." 46 VICTORIA, CHAPTER 11. (Quebec.) An act to authorize the raising by way of loan of an additional sum for the requirements of the Province. [Assented to 30th March, 1883.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. In addition to the sum now remaining unborrowed and Power of negotiable of the loan authorized by the act 45 Victoria, cap. ProTincial 18, the Lieutenant-Governor in Council may authorize the borrow Provincial Treasurer to procure by way of loan for the uses of $5oo,ooo the Province, as set forth in the above cited act, the further "'i'^'*"'"*'- sum of five hundred thousand dollars. 6 82 Application of such loan. Issue of debentures. Interest thereon. Act in force. ISSUE OF PROVINCIAL DEBENTURES. 2. Such additional sum shall be deemed to form part of thfr loan authorized by the act above cited, and shall be effected in the same manner and be subject to the same provisions, as if it. had originally been a portion of such loan, and as if such loan had been authorized to the extent of three millions five hun- dred thousand dollars. 3. The bonds or debentures, for the amount remaining at- any time unborrowed of the loan above mentioned, and for the additional amount hereby authorized, may, notwithstanding- the provisions of section 3 of the act above cited, be issued in sterling, for sums of one hundred pounds each and may be re- gistered at any place within the United Kingdom. 4. Notwithstanding the provisions of section 3 of the act above cited, such bonds and debentures may bear interest at the rate of four per centum per annum, and may be issued for such a nominally additional and proportionate amount as may be, from time to time, required. 5. This act shall come into force on the day of its sanction. 50 VICTORIA, CHAPTER 2. (Quebec.) An act to authorize the issue of provincial deben- tures. [Assented to 18th May, 1887.] Preamble. TX/'IIEREAS, on the 31st of January, 1887, the floating debt » ' of the Province was composed of the following among other amounts : a. For temporary loans and trust funds $729,227 76- b. For unpaid warrants 16,196 78 c. For balances upon subsidies granted to cer- tain railway companies before the year 1886. .579,732 25. d. For payments of the first 35 cents of subsidies in money. $1,084,328 50 And also, for the payment of the first 35 cents of the same subsidies, to be converted into money subsidies 464,100 00 1,548,428 50' The whole under the act 49-50 Victoria, chapter 77, 1886. ISSUE OF PROVINCIAL DEBENTURES. 83 e. For payment of the work to be performed on the Legislative buildings and the Court House at Quebec upon which the sum of $160,000 was then due $427,937 06 /. For balances due upon purchase of lands and other debts admitted in connection with the Q. M. O. & 0. Railway 64,070 00 g. For a similar amount to be reimbursed to the sinking fund by law established and lost by the deposit in the Exchange Bank 27,000 00 h. For the estimated deficiency in the ordinary revenue of the current year, 1886-1887 . . . .^0,842 06 Whereas, on the 31st of January, 1887, these various sums amounted to the sum of three millions seven hundred and sixty-three thousand four hundred and thirty-four dollars and thirty-two cents $3,763,434 32 Whereas, in addition to the said sum, the following sums are required for the public service, in addition to the ordinary expenditure : i. For enlarging the Court House, Montreal. . . $200,000 00 h For encouraging the building of iron bridges in municipalities 2.5,000 00 I. For the payment of part of the expenses of the exploration recommended by the Legis- lative Assembly on the 14th of June, 1886, for the counties of Dorchester, Levis, Belle- chasse, Montmagny, Kamouraska, Temis- couata, Lotbiniere, Megantic, Arthabaska and Wolfe 10,000 00 m. For the amount of the additional supple- mentary Estimates for the current year (1886-87) 39,190 57 Whereas these last sums amount to the sum of two hundred and seventy-four thousand, one hundred and ninety dollars and fifty- seven cents 274,190 57 And, with the said sum of three millions seven hundred and sixty-three thousand four hundred and thirty-four dollars and thirty- two cents 3,763,434 32 84 ISSUE OF PROVINCIAL DEBENTURES. Form a grand total of four millions and thirty- seven thousand six hundred and twenty- four dollars and eighty-nine cents $4,037,624 89 Whereas there M^ere in addition, on the 31st of January, 1887, contested claims against the Government of the Province for a very large amount ; Whereas the Province has certain claims to set off against the above, but it is impossible, owing to their nature and cir- cumstances, to establish even approximately the sum that may be collected ; Whereas it is in the public interest that such floating debt should be settled, and the Government be placed in a position to meet all the lawful claims against the Province ; Whereas the circumstances are favorable to a permanent loan for the purpose of consolidating the floating debt and avoiding temporary loans, the rate of interest whereon would necessarily be higher than a permanent loan ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Issue of 1. The Lieutenant-Governor in Council may authorize the debentures Provincial Treasurer to borrow a sum, not exceeding three $3,500,000.00 and one half million dollars, by means of bonds or debentures, to be issued upon the credit of the Province, and disposed of, from time to time, as the . necessities of the Province require and as opportunity may offer. Application 2. The proceeds of the issue of such bonds or debentures ofprocecds. ghall be applied to the payment of the floating debt of the Province. Amount of 3. Such bonds or debentures shall be issued for sums of not turelTc^"" ^^^ ^'^^'^ ^^® hundred dollars each, or for an equivalent amount in pounds sterling or in francs, at a rate of interest not exceeding four per cent, payable half-yearly, on the first days of January and July in each year. Dates of 4. Such bonds or debentures shall bear the dates fixed by bonds. the Lieutenant-Governor in Council. When re- 5. Such bonds or debentures shall be redeemable in thirty deemable. q^ forty years from the date of their issue and shall, as well as the interest thereon, be payable in such manner as may be fixed by the Lieutenant-Governor in Council. Coming into 6. This act shall come into force on the day of its sanction. force. REDEMPTION OF PROVINCIAL DEBENTURES. 85 51-52 VICTORIA, CHAPTER 9. (Quebec.) An act respecting the redemption of Provincial Debentures and the conversion of the debt. [Assented to 12th July, 1888.] X^'HEREAS the state of the money market seems favor- Preamble. ^^ able for a conversion of the consolidated debt of this Province ; Whereas it is possible, under the circumstances, to effect a considerable saving in interest by such conversion, made at the proper time and in a prudent manner ; Whereas such saving in interest would enable the Govern- ment- to still further aid Public Instruction, Agriculture and Colonization ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. It shall be lawful for the Lieutenant-Governor in Council Lieutenant- to adopt the measures which he deems expedient for the calling ^^a^^cau"!!! in of the current debentures of the Province of Quebec, either debentures of by redeeming them in cash or by exchanorine them for new }^^ Province, debentures J n & by redeeming ueueniures. o,. exchang- ing them. 2. It shall be lawful for the Lieutenant-Governor in Coun- Provincial cU to authorize the Provincial Treasurer to raise, by loan upon X™°:^"^''^ *"' the credit of the Province, a sum not exceeding the whole borrow a sum amount of the present debt of the Province, and, for that pur- not exceeding pose, to issue a sufficient amount of new debentures, bearing l^^ province an annual rate of interest not exceeding four per cent, and to and to issue dispose thereof upon the conditions which he deems the most "^^ deben- favorable. per cent interest. 3. It shall be lawful for the Lieutenant-Governor in Council Lieutenant- to determine the amount of such debentures, the currency ^o^^™"'^ to (pounds sterling, dollars or francs) in which they shall be amount of issued, the date which they shall bear, the place where they debentures, shall be payable and the time and manner of their redemption, cy^ ^ate, &c' 4. It shall be lawful for the Lieutenant-Governor in Council To determine to determine that such debentures shall be : *''** deben- Either perpetual, redeemable after sixty-five years, by deemable ffiving a notice of one year of such intention of redeeming af^r sixty- them, or -hve years. Redeemable at such time, not exceeding sixty-five years, as Redeemable may be fixed by the Lieutenant-Governor in Council, or within sixty- By a certain number of annuities, payable annually, not iJdecnTabie'"^ exceeding sixty -five, or annuities, payable half-yearly, not by annuities, exceeding one hundred and thirty. 86 JESUITS ESTATES. To determine delay within which deben- tures are to be exchanged, &c. , after which interest to be as that upon new deben- tures. May order that new debentures shall or shall not hare sinking fund, Ac. Debentures to be employed solely for redemption, Ac, of exist- ing deben- tures and to form distinct fund. Public debt converted ' into new obligation. Premium and discount allowed. Coming into force of act. 5. It shall be lawful for the Lieutenant-Governor in Council to determine the delay within which the holders of the present debentures may exchange them for the new debentures or claim the redemption thereof in cash, and to order that, after such delay, interest shall accrue upon all the classes of debentures at the rate specified for the new debentures.* 6. It shall be lawful for the jtieutenant-Govemor in Council to covenant and order that such new debentures shall or shall not have a sinking fund and that the Province shall renounce the right of paying by anticipation before the term agreed upon. 7. The said debentures or the proceeds thereof cannot be employed for any other purposes than the redemption or con- version of the existing debentures, and they shall constitute a special and distinct fund which shall not form part of the Consolidated Fund of the Province. 8. It shall be lawful for the Lieutenant-Governor in Council to effect the conversion of the present public debt by the exchange of new obligations for those already in existence, and to effect such exchange at such rate of premium as may be agreed upon with the holders thereof, and, if necessary, to grant a discount on the new debentures equal to that at which they might be sold for cash. 9. This act shall come in force on the day of its sanction. Preamble. 51-52 VICTORIA, .CHAPTER 13. (Quebec.) An act respecting the settlement of the Jesuits' Estates. [Assented to 12th July, 1888.] "Y/yHEREAS at the opening of this session of the Legislature, ' ' it pleased His Honor the Lieutenant-Governor, in his gracious speech from the Throne, to give expression to the following words : " I am ha,ppy to inform you that the question of the Jesuits' Estates, which has been so long pending between the religious and civil authorities, and which has caused so much uneasiness in this country, will soon be decided favorably and to the satisfaction of all who are interested, and that my Govern- ment hopes, during this session, to submit a settlement in this connection for your approval, * Note.— r/i-is section is repealed hy the act 5'2 Fie, c. 2. JESUITS' ESTATES. 87 " The obstacles which prevented the sale of the site of the •old college of the Jesuits in this city have been removed ; the j)rinciple of restitution in kind has been abandoned by the interested parties, and all that remains to be done is to •determine the amount of the compensation to be granted. " On the occasion of the settlement of this delicate question -certain Protestant educational institution will receive a fair allowance, proportionate to the numerical importance of the minority in this Province." Whereas the said estates were confiscated by the Imperial authorities, under the reign of George III, after the suppression of the Order of the Jesuits, and were afterwards transferred to the authorities of the former Province of Canada ; Whereas a large portion of the said estates was, at the time of and since Confederation ceded to this Province ; W^hereas energetic representations have been made to the civil authorities respecting these estates, by the religious authorities and the citizens of this country, and, especially, by His Lordship Jean Francois Hubert, Bishop of Quebec, on the 10th November, 1799 ; by the citizens of Quebec, on the 4th February, 1793 ; by their Lordships the Bishops Joseph, Bishop ■of Quebec, Pierre Flavien Turgeon, Bishop of Sidyme, Coad- jutor of Quebec, and Jean Jacques Lartigue, Bishop of Tel- messa, suffragan of the Bishopric of Quebec, and Grand Vicar of the district of Montreal, in or about the year 183.5 ; by their Lordships the Bishops Joseph, Archbishop of Quebec, Pierre Flavien Turgeon, Bishop of Sidyme, Coadjutor of Quebec, Pius, Bishop of Kingston, Patrick, Bishop of Carrha, Coadjutor •of Kingston, Ignace, Bishop of Montreal, T. Charles, Bishop elect of Martyropoiis, Coadjutor of Montreal, Michael, Bishop ■of Toronto, in January, 1845 ; by the clergy of the dioceses , of Quebec and Montreal, in June, 1847 ; by the Reverend Father Theophile Charaux, Superior General of the mission of the Jesuits in Canada, in January, 1874 ; by their Lordships the Bishops E. A., Archbishop of Quebec, L. F., Bishop of Three Rivers, Jean, Bishop of Rimouski, Edouard Charles, Bishop of Montreal, Antoine, Bishop of Sherbrooke, J. Thomas, Bishop •of Ottawa, L. Z., Bishop of' St. Hyacinthe, Dominique, Bishop of Chicoutimi, on the 9th of October, 1878 ; and finally by His Grace the Archbifehop of Quebec, on the 2nd of January, 8th of April and 27th of April, 1885 ; Whereas, in his letter of the 2nd of January, 1885, addressed to the Honorable John J. Ross, then Premier of this Province, His Grace the Archbishop of Quebec stated : Letter from " I have the honor to inform you that, in virtue of an Indult Quebec to^ °^ of the 13th of October, 1884, 1 am personally authorized by Hon. J. J. the Holy See to treat with the Government of the Province of ^°^^i ?™- Quebec, and, for a reasonable compensation, to settle the ques- jng ilim that' tion of the ownership of the property formerly owned in this he was author- Province by the Jesuits when their order was suppressed in '^fth the*"^*** 1773." Government Whereas, in answer to one of these representations of His j^g^^g/"^ ■Grace the Archbishop of Quebec, dated on the 8th April, 1885, Estates. 88 JESUITS' ESTATES. Eeply of Hon, J. J. Ross, to Archbishop of Quebec. the Honorable John J. Ross, then Premier, replied as follows; on the 25th of April of the same year : " If His Honor the Lieutenant-Governor in Council decides to re-open and reconsider this question of the Jesuits' Estates, I will not fail to notify Your Grace and the Reverend Jesuit Fathers, so that with your assistance and theirs, he may, if expedient, be able to submit to the Legislature a measure which will settle the question in a satisfactory and definite manner ; " Whereas, consequent upon these various reprensentations and specially that of the 9th of October, 1878, signed by the Bishops of the Province, protesting against the Government putting up for sale the property of the old Jesuits' College at. Quebec, such sale did not take place and the property was; allowed to fall into a wretched condition. Whereas, on the I7th of February, 1888, the Honorable' Honor6 Mercier, Premier of this Province, wrote the following letter : To Rome, 17th February, 1888. " His Eminence "Cardinal Giovanni Simeoni, " Prefect of the Sacred College of the Propaganda.. " May it please Your Eminence. Letter from Hon. H. Mer- cier to Car- dinal Simeoni respecting the sale of the old Jesuits' College, Quebec. " A despatch from Your Eminence, dated on the 7th May last, 1887, informed His Eminence Cardinal Taschereau that the Holy Father reserved to himself the right of settling the question of the Jesuits' Estates in Canada. " Among the property so called Jesuits' Estates, there is thfr .property of the old college of the fathers situate opposite the Basilica, in the very centre of the capital of the Province of Quebec. " My predecessors in the Government deemed it their duty,, in 1876, 1 believe, to order the demolition of the college and the division of the property into building lots, in view of an immediate sale, which however did not take place, owing to certain representations from exalted personages at the time. " To avoid further difficulties, as I suppose, my predecessors let the matter lie and allowed the property to be so neglected, that it has become a grazing ground and a receptacle for filth,, so much so that it is openly said in Quebec that the matter- has become a public scandal. "Under these circumstances, I deem it my duty to ask Your Eminence if you see any serious objection to the Government's selling the property, pending a final settlement of the question of the Jesuits' Estates. JESUITS' ESTATES. 89' " The Government would look upon the proceeds of the sale as a special deposit to be disposed o£ hereafter, in accordance with the agreements to be entered into between the parties interested with the sanction of the Holy See. " As it will perhaps be necessary upon this matter to consult the Legislature of our Province, which is to be convened very shortly, I respectfully solicit an immediate reply. " Your Eminence will be pleased to accept the filial consider- ation with which I have the honor to subscribe myself, " Your Eminence's devoted servant, " (Signed) HoNORifi Merciek, " Premier of the Province of Quebec." To which letter the following reply was sent : (Translation.) " Rome, 1st March, 1888. " Illustrious Sir, " I hasten to notify you that, having laid your request before Cardiaal the Holy Father at the audience yesterday. His Holiness was Simeoni's pleased to grant permission to sell the property which belonged in| Lie! to the Jesuit Fathers before they were suppressed, upon the express condition, however, that the sum to be received be de- posited and left at the free disposal of the Holy See. " In making this communication to you I wish you all good in the name of the Lord. " Your Lordship's very affectionate, " (Signed) Giovanni Cardinal Simeoni, " Prefect. &c." Whereas, on the 21st March, 1888, the following telegram Preamble, was sent from Quebec to His Eminence Cardinal Simeoni at Rome : " In the matter of the Jesuits' Estates, the Government re- Telegram spectfully objects to the condition imposed in the letter of Your ii°™er*"t'o "^ Eminence of the first of March instant, and cannot expect to Cardinal Si- succeed in the settlement of this delicate question unless per- ™l°"o°condi- mission is given to sell the property upon the conditions and tions. m JESUITS ESTATES. in accordance with the exact terms of my letter of the seven- teenth of February last. " I respectfully solicit an immediate favorable answer in the ' interests of the final settlement of the question. " (Signed) Honors Merciee, " Premier." Cardinal .JSimeoni's Whereas, on the 24th of March, 1888, the following answer was sent from Rome by His Eminence Cardinal Simeoni : " The Pope allows the Government to retain the proceeds of the sale of the Jesuits' Estates as a special deposit to be disposed of hereafter with the sanction of the Holy See." S'l-enmble. Letter to Hon. Mr. Mer- cier notifying him of Rev. A. D. Turgeou'g appointment -as attorney to .settle the J'esuits' Es- tates ques- itioQ. Whereas, consequent upon these negotiations, the following correspondence was exchanged between the Premier and the Very Reverend Father Turgeon, rector of St. Mary's College, Montreal, and agent for the Holy See : " St. Mary's College, 25th April, 1888. " Honorable Honors Mercier, " Premier of the Province of Quebec. " Sir, " I have the honor to forward you a copy of the official letter, dated Rome, the 27th March, 1888, by which the Sacred College authorizes the Jesuit Fathers to treat with the Govern- ment, in the matter of the " Jesuits' Estates." " I have also the honor to inform you that, at a meeting of the corporation of the " Society of Jesus," on the 2nd April, 1888, I was appointed general and special attorney for that purpose. " Further, that, on the 9th of April last, the Reverend Father Superior of the Mission in Canada gave me his power of attorney by deed made and passed in the city of Montreal, district of Montreal, in the office of Mtre. L. 0. Hetu, Notary Public, with full power to treat with the Government upon the conditions expressed in the letter of the Sacred College. " I have the honor to be, " Sir, " Your very obedient servant, " (Signed) A. D. Turgeon, S. J., " Procurator of the Jesuits at Montreal." JESUITS' ESTATES. 91 (TraThslation.) " Rome, 27th March, 1888. " Very Reverend Father, "■I have pleasure in notifying you that the question respect- Letter from ing the revendication of the property of the Jesuit Fathers in ^l^^^^^§^l'y Lower Canada, having been referred to a special commission a. d. Tur- of Cardinals on the 20th of March instant, the following pro- g?on giving •J. • 1. •±± 1 1} 1 i- hini autriority prosition was submitted tor solution : to effect " Should authority be given to any one to claim from the settlement. Government of the Province of Quebec the property which belonged to the Jesuit Fathers before the suppression of the society, and to whom and how should it be given." " Their Eminences the Cardinals replied as follows : " Affirmatively in favor of the Fathers of the Society of Jesus and in accordance with the method prescribed in other places, that is to say, that the Fathers of the Society of Jesus treat in their own name with the civil government, in such a manner however as to leave full liberty to the Holy See to dispose of the property as it deems advisable, and consequently that they should be very careful that no condition or clause should be inserted in the official deed of the concession of such property, which could in any manner affect the liberty of the Holy See. " Further, whatever be the sum which the Jesuit Fathers receive from the Government, that they should be obliged to deposit it in a place of safety to be determined by the Sacred College. " The foregoing resolution was referred to the Holy Father at to-day's audience and His Holiness was pleased to approve of it in its entirety ; " You are consequently authorized to revendicate the said property upon the conditions above set forth. " Whilst making you this communication, I pray the Lord to preserve and prosper you. " Reverend Father, " Yours, &c., "(Signed) Jean Card. Simeoni, Prefet. " (Signed) ■ D. Arch, de Tyre, Sec'y. " The Very Reverend Father " Procurator of the Jesuits, " Montreal." 92 jesuits' estates. " Premier's Office, " Province of Quebec, " Quebec, 1st May, 1888. " Reverend Father Turgeon, " Procurator of the Jesuits at Montreal, •' Montreal. " Very Reverend Father, Letter from " I submitted to my colleagues the copy of the letter of the de?' to'ReT Sacred College of the Propaganda, dated Rome 27th March A. D.Turgeou last, which authorizes the Jesuit Fathers to treat in their own fixing bases of name with the Government of the Province respecting the se emen . property known as the "Jesuits' Estates." I also submitted to them your letter of the 26th of April last, by which you for- warded to me that of the Propaganda^ and in which you inform me that you have been appointed general and special attorney for the above purposes, and that the Reverend Father Superior of the Mission in Canada gave you power of attorney before Mtre Hetu, Notary, with full power, etc., etc. " Before entering into negotiations with you respecting these estates, the Government desires you to bear in mind : " 1. That you must deposit with a notary the original of the aforesaid letter from the Sacred College, with two solemn de- clarations made according to law, and identifying the signatures of the Prefect and Secretary of the said College, which are at the end of the said document ; " 2. That authentic copies of the said letter and solemn de- clarations, as well as of the resolution of your corpoi-ation passed on the second of April last, and of the power of attorney from the Reverend Father Superior of the Missions in Canada be forwarded to us ; " 3. That in consenting to treat with you respecting this property, the Government does not recognize any civil obliga- tion, but merely a moral obligation in this respect ; " 4. That there cannot be a question of a restitution in kind; as this has been abandoned by those concerned, but only a compensation in money to be agreed upon amicably with you ; " 5. That the amount fixed as compensation shall be exclu- sively expended in the Province ; " 6. That you will grant to the Government of the Province of Quebec a full, complete and perpetual concession of all the property which may have belonged in Canada, under whatever title, to the Fathers of the old Society, and that you will re- nounce to all rights generally whatsoever upon such property and the revenues therefrom in favor of our Province, the whole, as well in the name of the old Order of Jesuits, and of your present corporation, as in the name of the Pope, of the . Sacred College of the Propaganda and of the Roman Catholic Church in general ; JESUITS' ESTATES. 93 " 7. That any agreement made between you and the Gov- ernment of the Province will be binding only in so far as it shall be ratified by the Pope and the Legislature of this Province ; " 8. That the amount of the compensation fixed shall remain in the possession of the Government of the Province as a special deposit until the Pope has ratified the said settlement and made known his wishes respecting the distribution of such amount in this country ; " That your corporation will receive the interest upon such deposit at four per cent from the date of the signification to the Provincial Secretary of the acte of the Pope confirming the said arrangement, up to the payment of the capital, which is to be made to the persons entitled thereto within six months after the signification to the said Provincial Secretary of the decision of the Pope respecting such distribution ; " 9. Finally, that the statute ratifying such agreement shall contain a clause enacting that when such settlement is arrived at, the Protestant minority will receive a grant in proportion to its population in favor of its educational work. " These, Reverend Father, are the bases upon which the Gov- ernment wishes to treat with you the delicate question of the property called the " Jesuits' Estates." " Hoping that you will second our wishes to settle the matter as soon as possible, for the advantage of all persons interested, " I have the honor to remain, " Your very devoted servant, "(Signed) HoNOR^ Mercier, " Premier.'' " Quebec, 8th May, 1888. "Honorable HoNORifi Mercier, " Premier, Province of Quebec, "Sir, " I have the honor to acknowledge receipt of your letter of Letter from the 1st May last, in which you state that you had submitted S*^" ^' ^^ to your colleagues the Indult of the Sacred College of the Pro- Hon.Mr.Mer paganda, date'd Rome, the 27th March last, authorizing the pier, accept- Fathers of the Society of Jesus to treat, in their own name, settlemenj;. ° with the Government of the Province of Quebec, the question of the proprety known as the " Jesuits' Estates." " You also state that you had submitted to your Honorable colleagues my letter of the 25th April last, by which I inform you that I was appointed general and special attorney for the 94 JESUITS' ESTATES. aforesaid purposes, and that the Reverend Father Superior of the Mission in Canada, gave me a power of attorney before Mtre Hetu, notary, with power, &e., &c. " Please accept my thanks, Sir, for the very prompt atten- tion which you were pleased to give to my communication. " I have now the honor to reply to the different points which your Government wishes me to bear in mind, following the order of the numbers in yours of the «lst May. " 1. The original of the aforesaid letter of the Sacred College, with solemn declarations made according to law, identifying the signatures of the Prefect and Secretary of the said College, which are at the end of the said document, have been deposited in the office of Mtre Cyrille Tessier, notary, residing in the city of Quebec. " 2. Enclosed please find authentic copies of that letter and of the two solemn declarations, as well as of the resolution of our corporation passed on the 2nd of April last, and of the power of attorney of the Reverend Father Superior of the Mis- sion in Canada, the original whereof under the number eleven thousand eight hundred and fifty-four, remains in the office of Mtre L. 0. H6tu, notary, residing in the city of Montreal. " 3. The moral obligation which the Government recognizes in consenting to treat with me is a sufficient guarantee to per- mit of my entering upon the negotiation. " 4. The Holy See, the superiors of the Society of Jesus and the corporation which I represent, whilst praising your desire to render justice to the Fathers of the Society of Jesus, also wish to assist the Government in settling this question and to give a proof of their devotion to this country and to the Prov- ince of Quebec in particular ; they will consequently be satisfied with a fair compensation, regard being had to the value of the property heretofore in the possession of the Jesuit Fathers, in place of a restitution in kind. " Such compensation in money will be fixed amicably, as I have reason to hope from the great kindness that you have so far shown me, and the generous assistance which will be given to us by your Honorable colleagues, and the Honorable mem- bers of both Houses. " If, however; it should be necessary to resort to arbitration, none of the parties interested can object thereto. " 5. Relying upon the constitutions of the Society of Jesus, and upon the intentions of the former donors, I can affirm that the sum fixed as compensation and which will be received by the Jesuit Fathers, will be exclusively expended in the Prov- ince. " 6. The Government of the Province of Quebec will receive a full, complete and 'perpetual concession of all the property which may have belonged in Canada, by whatever title, to the Fathers of the old Society, and the Jesuit Fathers will renounce to all rights generally w,hatsoever upon such property and the revenues therefrom in favor of the Province, the whole, in the name of the Pope, of the Sacred College of the Propaganda and of the Roman Catholic Church in general. JESUITS' ESTATES. 95 " 7. Any agreement made between the Government o£ this Province and the Jesuit Fathers will be binding only in so far as it shall have been ratified by the Pope and the Legislature of this Province. " 8. The amount of the compensation fixed shall remain in the possession of the Government of the Province as a special deposit, until the Pope has ratified , the said settlement, and made known his wishes respecting the distribution of such amount in this country. " Our corporation will receive the interest upon such deposit at four per cent from the date of the signification to the Prov- incial Secretary of the acte of the Pope confirming the said arrangement, up to the payment of the capital which is to be made to the persons entitled thereto within six months after the signification to the said Provincial Secretary of the decision of the Pope respecting such distribution. " 9. As this clause does not touch the question which I am entrusted to treat with the Government, I wish you would dis- pense with my replying thereto. " It only now remains for me, to again express my gratitude, and to promise you my assistance in aiding you to settle as promptly as possible this delicate question. " I have the honor to be, " Your very humble servant, "(Signed) A. D. Tuegeon, S. J., " Procurator of the Jesuits." " Premier's Office, " Quebec 14th May, 1888. " Reverend Father, " In reply to your letter of the 8th instant, I have the honor Letter from to inform you that the Government is prepared to receive your ^on. Mr Mer- claim in writing as to the compensation to be allowed. upon Rev!"^. " It hopes that it will be very reasonable and moderate in D- Turgeon to. view of the financial and other difficulties of the Province. For compen-"^ " Your obedient servant, "(Signed.) HoNOR^ Mercier. " Very Reverend Father Turgeon, S. J." satiou. "96 JESUITS' ESTATES. " Quebec, 20th May, 1888. " The Honorable HoNORifi Mercier, " Premier, Province of Quebec. " Sir, "Letter from " I have the honor to acknowledge receipt of your letter of Turgeoii^o ^^^ 141th. instant, in which you inform me that the Government Boa. Mr. Mer- is prepared to receive my claim for a reasonable and moderate ■cier claiming compensation. -as compensa- " This, Sir, is what I think I should reply in support of the ^iou. cause which I have the honor to defend : "According to the official reports which you were kind enough to communicate to me, I find that the "Jesuits' Estates" are valued at the sum of $1,200,000.00. "This is only approximate, and I think it is greatly less than the real value. " Competent men whom I have consulted at Quebec, Mont- , real and Three Rivers do not hesitate to state that the Jesuits' Estates are worth at least $2,000,000.00. They calculate : " 1. The seigniories and fiefs at $500,000 00 " 2. The property in the centre of the city of Montreal, a superficies of 330,003 feet, may be valued at $3 a foot, as the authorized valuators assert even that the real price is $6 a foot, as it is $10 at the Place d'Armes and $16 at Victoria Square, representing, for half the real value, a sum of 990,009 GO " 3. At Quebec, the property of the old college is valued in the official reports at a price varying from $50,000 to $200,000, say 100,000 00 "4. The revenues since 1867 reach the sum of. 400,000 00 " 5. The capital of the lods et ventes is 92,572 00 " 6. A property at N. D. des Anges was sold for 18,200 00 " Which gives a total of over two million dollars. " You will notice. Sir, that nothing is said of interest even since Confederation. " It is therefore in view of these documents that I am called upon to make a claim for a reasonable and moderate compen- sation, before putting the Government in full enjoyment and lawful possession of all the Jesuits' Estates in Canada. " Now, my reasonable and moderate proposition is this : " I ask from the Government of the Province of Quebec one half of the actual value of only one of the properties which our Fathers bought with their own money, of our property in Montreal, that is to say $990,009.00, and the Jesuit Fathers will abandon all the other properties. (See list of the Jesuits' Estates.) JESUITS' ESTATES. 97 " I base my moderate claim upon the following reasons : " 1. I ask only one half of a single property and I concede ■twenty others, (see list of the estates) ; is not that reasonable and moderate ? " 2. Our present debts amount to $200,000.00 ; for our three establishments for study and training, we require not less than $30,000.00 of annual revenue ; to make the urgent repairs which are required at our establishments of Quebec, Three Rivers, Montreal, Sault au R^coUet and Lake Nominingue, it would require not less than $200,000, so that my demand is reasonable and moderate. " 3. Will the Government find my demand exaggerated when it considers that the sale of one property alone would' reimburse it and be more than enough ? " For instance the Gham/p de Mars at $5.00 a foot would bring $1,024,110.00 ; would not a similar result be obtained with the seigniory of Cap la Magdeleine, which is 40 leagues in superficies ? " That is the reason, why I consider my demand reasonable .and moderate. " I am not unaware that, in a document presented at Rome .some years ago, the whole of the Jesuits' Estates were valued at $400,000.00 ; but the incorrectness of that valuation is shown ■even in the official reports above cited. " The same document contains other statements none the less incorrect to prOve that the Society of Jesus would be unable of itself to recover the property owing the opposition which it would meet with in the Legislature. " In protesting against this insinuation, I am happy to affirm that since the Society of Jesus entered into negotiations with the Government, it has met with the utmost kindness from you, and your Honorable colleagues and the Honorable mem- bers of both Houses. " In conclusion may I suggest : " As soon as the- settlement is arrived at, would it not be possible, beyond the compensation allowed, to give to the Jesuit Fathers a lot of land which would be a monument to commemorate the eminently Catholic and conservative act which you are about to perform. " I would suggest the Common of Laprairie ; this property, in its present condition, is of little value, but it would suffice for the commemorative purpose indicated. " It is also one way of commemorating, in the political his- tory of the country, that glorious concordat, the eifecting whereof would be associated with the name of your Govern- ment, as soon as the Holy Father has ratified it ; that is, that the establishments of the Jesuit Fathers in this Province be always allowed, in accordance with their deserts and if they ask for it, to participate in the grants which the Government of this Province allows to other institutions to encourage teach- ing, education, industries, arts and colonization. " The reason of this favor is that these grants would be made in great part out of the funds of the " Jesuits' Estates." ' 98 JESUITS' ESTATES. " Would it not be strange, to say nothing further, to refuse' the Jesuits a share, granted to others, out of the pecuniary- benefits derived from the revenues of these same estates with, which the Jesuits enriched the Province. " Here, then. Sir, is what I think it necessary to say to you. before knowing what the Government is ready to oflTer as com- pensation for the " Jesuits Estates." " Awaiting the honor of a reply I depend upon the justice, of my claim and upon the liberality of a wise Government. " I have the honor to be, " Sir, " Your humble servant, " (Signed) A. D. Tukgeon, S. J., " Procurator of the Jesuit Fathers." Premiers Office, " Province of Quebec, " Quebec, 4th June, 1888, Very Reverend Father, Letter from Hon. Mr. Mer- ciertoRev.A. D. Turgeon declining to give amount claimed and making coun- ter offer. " I have the honor to acknowledge receipt of your letter dated the 20th May last. " You acquaint me with the conditions iipon which you are prepared to settle the question of the " Jesuits' Estates " by means of a compensation equal to one half of the value of one of the properties of the Jesuits bought with their own money, " I submitted your letter to ray colleagues, assembled in Council, and we came to the conclusion to answer you, as. follows : "1. Seeing the difficulties surrounding the settlement of this question and the situation of the Province, we are obliged with regret to say that we cannot offer you more than $400,- 000.00. " 2. To arrive at this figure we do not take as a basis the intrinsic value of the property, as the religious authorities' ' long ago abandoned the claim for a restitution in kind, and invariably limited their claim to a compensation. _" The amount of this compensation was even indicated by the religious authorities of this country, at Rome, which author- ities on several occasions declared themselves willing to accept $400,000.00. JESUITS ESTATES. " 3. It is therefore impossible for us to exceed that sum. " We are ready to offer it to you upon the conditions con- tained in my letter of the 1st May last. " 4. Further, in commemoration of the settlement, we will retrocede to you the rights with the Government possesses in the Common of Laprairie. " Such rights, small it is true, are however the same which the Jesuit Fathers reserved for themselves by the deed of con- cession to the inhabitants of Laprairie de la Madeleine, passed on the 19th May, 1694, before Mtre Adh^mar, royal notary of the Island of Montreal, less the few changes in such rights made by acts of the Legislature. " These are the offers which my colleagues charged me to make to you. 3 " Hoping that, under the circumstances above set orth, you may accept them. " I have the hoiior to be, " Your very devoted, " (Signed) Honor:^ Mercier. " Very Reverend Father Turgeon, " Agent of the Holy See, " Quebec, P. Q." " Qufebec, 8th June, 1888. " The Honorable HoNOR^ Mercier, " Premier, " Province of Quebec, " Sir, " In view of your letter of the 4th of June instant, declaring Acceptance that it is impossible for the Government to offer more than Tu/^e^n'^^f'^' $400,000.00, and for the reasons given by you and the difficul- hm^m?. Mer- ties you allege, I think I am fulfilling the mandate entrusted cier's counter to me and carrying out the wishes of the Holy See and of the ° ^'^' Superior of the Company of Jesus, who have at heart the 100 JESUITS' ESTATES. removal o£ the uneasiness caused by this question in the country, by accepting, your oifers, small as they are, and by hoping that the lioly See will agree to them and be pleased to ratify them. " I have the honor to be, "Sir, " Your very humble servant, " (Signed) A. D. Turgeon, S. J., " Procurator of the Jesuits." "Premier's Office, " Province of Quebec, " Quebec, 8th June, I'SSS. " Verj' Reverend Father, Letter from " 1 have t,he honor to acknowledge receipt of yours of this Hon. Mr. Mer- (ja,y, in which you inform me that in your official capacity you D. Turgeon accept the offers made by the Government to you in my letter acknowiedg- of the 4th of June instant. acceptance of " There Only remains for me to prepare the necessary docu- coianter offer, ments and to submit them to the proper persons. " Believe me, Very Reverend Father, " Your very devoted, " (Signed) Honors Mercier, " Premier. " The Very Reverend Father Turgeon, " Procurator of the Jesuits, " Quebec, P. Q." . " Whereas copies of the said letters of the Reverend Father Turgeon, dated the 25th April, 1888, and of the Premier of the 1st May, 1888, have been communicated to His Eminence Car- dinal Taschereau, as appears by the following correspondence : JESUITS' ESTATES. fiS I 9.0 I I 101 Premier's Office, " Province of Quebec^' " Quebec, 3rd May, 1888. " To .His Eminence Cardinal Taschereau, " Quebec. " May it please Your Eminence, " I have the honor to forward you herewith, for the informa- Letter from tion of Your Eminence, copies of the following documents : Hon.Mr. Mer- "1. A letter of the Prefect and Secretary of the Sacred naiTasche-." Congregation of the Propaganda, dated Rome, 27th March, reau forward- 1888, authorizing the Procurator of the Jesuits, at Montreal, to jafn'd" u"' treat with the Government of this Province, on the question of ments respec- the Jesuits' Estates. (^Italian version) ; tieme'nt' 2. French version of the same letter, the translation having been made by the Reverend Jesuit Fathers ; 3. A letter of the Reverend Father Turgeon, enclosing the said letter from the Propaganda ; 4. The reply of the Government to the Reverend Father. " I remain, " Your Eminence's " Most obedient servant, "(Signed) HoNOR^ Mercier, " Premier." His Eminence was pleased to reply to the said communica- tion as follows, on the 4th May, 1888 : " Sir, " I have the honor to acknowledge the receipt of your letter Letter from of yesterday with the documents which accompany it respect- Cardinal Tas- \Tig the matter of the Jesuits Estates. Hon. Mr. Mer- " Please accept my thanks. ' cier acknow- ^ '' ledging receipt. " Your obedient servant, "(Signed) E. A. Cardinal Tachereau, " Archbishop of Quebec." 102 JESUITS' ESTATES. Whereas the documents transmitted by the Very Reverend Father Turgeon, with his aforesaid letter of the 8th May, 1888, are in the following words : Extract from " Extract from the minutes of the corporation of the Society «)r"or^ation ^^ Jesus at a meeting of the members of the said congregation, of Society of held on the second of April, eighteen hundred and eighty-eight, J«s"8 at the house of the Immaculate Conception in Montreal Rev. a.'dT Rachel street. Turgeon -f-Sii (Translatwn.) attorney to G^'t^^m'nt Father Adrian Turgeon is appointed general and special respecting attorney of the Reverend Father Superior for the purpose of Jesui^sj treating with the Government of the Province of Quebec, re- specting the question of the estates of the late Order of Jesuits in Canada (Jesuits' Estates) or any other question. " (Signed) F. Vignon, S. J., " Secret." Estates, Delegation of " Before Leonard Ovide Hetu, notary public, duly admitted powers Rev. jjj a_jj(j foj, tj^g Province of Quebec, one of the Provinces of the to Rev. A. D. Dominion of Canada, residing in the city of Montreal, in the Turgeon. district of Montreal, in the said Province of Quebec, ynder- signed, appeared : " Reverend Father Pierre Hamel, Superior of the Society of Jesus in Canada, residing in the city of Montreal, in the dis- trict of Montreal, who by these presents constitutes and appoints, as his general and special attorney, the Reverend Father Adrien D. Turgeon, Rector of St. Mary's College, of the city and district of Montreal, to whom he gives and delegates all rights and powers which he possesses or may possess here- after, either in his personal capacity or as Superior of the So- ciety of Jesus or as delegate, attorney or charge d'affaires of the Reverend Father General of the Society of Jesus, or as delegate, attorney or charge d'affaires of the Holy See, with reference to the property of the Jesuits now held by the Government of the Province of Quebec, and to any matter, directly or indirectly, connected with the question of the former estates of the Jesuits in Canada, and with reference to all transactions of any kind whatsoever, which might be affected from and after this date with the Government or Legislature of the Province of Quebec, or with any minister or member of the federal or provincial Governments in Canada, and also with reference to any petitition, bill or measure which might be submitted to the parliaments or legislatures of Canada by the Society of Jesus or by any establishment of the Order of Jesuits or submitted to the said parliaments or legislatures by other persons, but affecting directly or indirectly in any man- ner the rights or interests of the Society of Jesus or of any of its establishments, especially the power of asking and receiving JESUITS' ESTATES. 103 'from all persons to whom it may appartain, the moveable and immoveable property and moveable and immoveable claims "belonging to the Society of Jesus or of which the party -appearing, in any of his aforesaid qualities shall have the con- itrol, direction, administration or disposal, by any title what- soever, the power to sell, abandon, exchange, transfer or lease the said property to such person by such means and for such prices, charges, clauses, conditions and considerations, as the 'Constituted attorney shall deem advantageous or acceptable, to bind himself to all guarantees, to receive the price of the said j)roperty and give a discharge therefor, to accspt any indem- nity and consent to any arrangment or compromise of any kind whatsoever, to receive the said indemnity or compensation and to give a good and valid acquittance therefor, to name and -appoint all advocates, counsel, arbitrators, umpires and experts, etc., to substitute one or more persons in the whole or in a portion of the present powers, to revoke the same and substi- tute others therefor and sign all deeds to the above eflFect and ^generally to do, in the most ample manner, everything which the appearing party might himself do, although not herein pro- vided, ratifying and promising to ratify the same at once upon ■being so requested, these presents to remain valid until expressly revoked, notwithstanding their expiration or lapse of time. " Thus done and passed in the city of Montreal, in the dis- trict oF Montreal, in the office of the said undersigned notary, in the year one thousand eight hundred and eighty-eight, on iihe ninth day of the month of April, in the afternoon, under the number eleven thousand eight hundred and fifty -four. " And the party appearing has signed with me, the said notary. " (Signed) P. Hamel, S. J., " (Signed) L. O. H^TU, N. P. " True copy of the original remaining of record in my office. " (Signed) . L. 0. H^TU, N. P." " In the year one thousand eight hundred and eighty-eight. Deed of depo- •on the fith of May, before the undersigned Notary Public for 1^^°^°'^ f|°*^ "the Province of Quebec, Canada, residing in the city of Quebec, dinal appeared : Simeoni. " The Very Reverend Father Adrien D. Turgeon, of the city .of Montreal, Member of the Society of Jesus, rector of St. Mary's College, at Montreal, in his quality of representative or .attorney, in accordance with the deed of delegation of powers of the 9th of April last (1888), before L. 0. H6tu, notary, at Montreal, of the Very Reverend Father Pierre Hamel, of the 104 JESUITS ESTATES. city of Montreal, Superior of the Society of Jesus in Canada,, in the different capacities detailed in the said act, who hei'eby deposits with Cyrille Tessier, the undersigned notary, and. requires him to place the same among his minutes, dated this day, the original of a letter (or Indult) in Italian and Latin, addressed to the Very Reverend Father, the Procurator of the Jesuits of Montreal, by His Eminence Jean Cardinal Simeoni,. Prefect of the College of the Propaganda, dated at Rome, on. the 27th day of March last ; which letter, to which is affixed the signature of His Lordship the Archbishop of Tyre, Secre- tary of the said College, is annexed to the minute hereof, after having been, by the appearing party, duly certified and signed in presence of the said notary. " To the minute of this deed are also annexed two solemn declarations verifying and identifying the signatures affixed to the end of the said letter ; one of Monsignor Henri Tetu, of Quebec, priest, Private Chamberlain of His Holiness Leo XHI,, Almoner of the Archbishop of Quebec, and the other of Monsi- gnor Cyrille Alfred Marois, priest. Private Chamberlain of His Holiness Leo XIII, Secretary of the Archdiocese of Quebec, residing at Quebec, which declarations are dated this day and were received before Cy. Tessier, the undersigned notary, at Quebec, under the number seven thousand four hundred and seventy-nine of the minutes of Cy. Tessier, the undersigned.- notary. " In faith and testimony whereof, the party appearing has- signed with the said notary, the same having been duly read.. " (Signed) " (Signed) A. D. TURGEON., S. J., Cy. Tessier, N. P. " True copy of the original remaining of record in my office.. " (Signed) Cy. Tessier, N. P." Original letter from Cardinal Simeoni to the Procur- ator of the Jesuits. " S. Congregazione di propaganda " Segretaria " No. 1590. ' Oggetto. Roma li 27 Marzo, 1888. 'Rmo Padre, " Ho il piacere di significare alia P. V. che deferita la ques- tione concernente il riacquisto dei beni dei Patri Gesuiti |nel basso Canada ad una speciale commissione Cardinalizia nel. giorno 20 corr. Marzo fu ad essa proposto a risolvere il dubbio seguente : " Se, come, ed a chi convenga dare I'autorizzazione di reclamare dal Governo della Provineia di Quebec i beni appartenuti ai PP". Gesuiti prima della soppressione della. JESUITS' ESTATES. 10» compagnia." Ora gli Emi Cardinali risposero : " Affirma- tive, favore PP. Societatis Jesu, et iuxta modum alias prces- escriptum, scilicet PP. Societatis^ Jesu suo nomine cum civili Gubernio agant, ita tamen ut Sedi aplicae plena libertas maneat de iis bonis digponendi, prout opportunum iudicaverit, et ideo curandum illis omni studio est, ut nulla conditio vel clausula in publico instrumento cessionis bonorum apponatur, quibus S. Sedis libertas quocumque modo affieiatur. Insuper quamcum- que summan PP. Societatis Jesu percepturi erunt a Gubernio, deponere teneantur in loco tuto a S. Congne determinando." " Riferita la sud^ risoluzione nell'Udienza del giorno stesso 20. Marzo al S. Padre' Sua Santita si degnd approvarla in tutte le sue parti. Quindi e che la P. V. e autorizzata a revendicare i beni stessi con le condizioni gik esposte. In questa inteUigenza prego il Signore, che La conservi, e La prosperi. 1. " Di V. P. " Affmo " Giovanni Card. Simeoni, Prei'etto. " Revmo " Pe Procuratore dei Jesuiti di " Montreal. " D. Arciv. di Tyr, Segret. " This is the original letter mentioned in a certain deed of deposit made by me, this day, before Cy. Tessier, notary, at Quebec, which letter I certify to be true. " Quebec, 5th May, 1888. " (Signed) A. D. Turgeon, S. J., " In presence of "(Signed) Cy. Tessier, N. P. " A true copy, " (Signed) Cy. Tessier, N. P. " " I, Henri T^tu, Priest, Private Chamberlain of His Holiness Declaration Leo XIII, Chaplain of the Archbishop's Palace, Quebec, residing 2,^?®^' ?' in th^ city of Quebec, solemnly declare that the signatures, signatures to " Giovanni Card. Simeoni, Pref etto " and " D. Arciv. di Tyr, letter. Segret," at the foot of the letter — or indult — in the Italian and Latin languages, addressed to the Reverend Father Procurator of. the Jesuits of Montreal, dated at Rome, on the twenty- seventh March last (1888), and bearing the number 1590, are, severally, the signatures of Cardinal Simeoni, Prefect, and of His Lordship the Archbishop of Tyre, Secretary of the College of the Propaganda. 106 JESUITS' ESTATES. " And I make this solemn declaration, coascientiously believing the same to be true and by virtue of the act passed in the thirty -seventh year of Her Majesty's reign, intituled : " An act for the suppression of voluntary and extra-judicial oaths. " " (Signed) H. TAtu, Priest, C. S. " Declared before me, notary, at Quebec, this fifth day of May, 1888. " " (Signed) Cy. Tessier, N. P. " This is one of the solemn declarations of which mention is made in a certain deed of deposit made by me, this day, before Cy. Tessier, notary, at Quebec, to the original of which deed it has remained annexed. " Quebec, 3rd May, 1888. "(Signed) A. D. Tuegeon, S. J., " In presence of " (Signed) . Cy. Tessier, N. P. " A true Copy, " (Signed) Cy. Tessier, N. P." Declaration " I, CyriUe Alfred Marois, Priest, Private Chamberlain of of Rev. c. A. jjis Holiness Leo XHI, Secretary of the Archdiocese of Quebec, sigaatures to residing in the city of Quebec, solemnly declare that the letter. signatures : " Giovanni Card. Simeoni, Prefetto " and " D. Arciv. di Tyr, Segret, " at the foot of the letter or indult in the Italian or Latin languages addressed to the Reverend Father Procurator of the Jesuits of Montreal, dated at Rome, the twenty-seventh March last (1888), and bearing the number 1590, are, severally, the signatures of Cardinal Simeoni, Prefect, and of His Lordship the Archbishop of Tyre, Secretary of the. College of the Propaganda. " And I make this solemn declaration conscientiously, believing the same to be true and by virtue of the act passed in the thirty-seventh year of Her Majesty's reign, intituled*: " An act for the suppression of voluntary and extra-judicial oaths. " " (Signed) C. A. Marois, Priest, C. S. " Declared before me, notary, at Quebec, this fifth of May, 1888. " " Signed) Cy. Tessier, N. P " JESUITS' ESTATES. 107 " This is one of the solemn declarations mentioned in a certain deed of deposit made by me, this day, before Cy. Tessier, notary, at Quebec, to the original of which deed it has remained annexed. " Quebec, 5th May, 1888. " (Signed) A. D. TURGBON, S. J., " In presence of " (Signed) Cy. Tessier, N. P. " A true copy, " (Signed) Cy. Tessier, N. P." Whereas it is expedient to put an end to the uneasiness Preamble. which exists in this Province, in connection with the question of the Jesuits' Estates, by settling it in a definite manner ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The aforesaid arrangements, entered into between the Certain Premier and the Very Reverend Father Turgeon are hereby rftifieTand ratified, and the Lieutenant-Governor in Council is authorized may be to carry them out according to their form and tenor. carried out. 2. The Lieutenant-Governor in Council is authorized to pay. Certain sum out of any public money at his disposal, the sum of four hun- ^^^^^^^^^^ dred thousand dollars, in the manner and under the conditions pose of sucb mentioned in the documents above cited, and to make any settlement. deed that he may deem necessary for the full and entire execu- tion of such agreement. 3. The Lieutenant-Governor in Council is authorized to Government transfer to the Society of Jesus, a society incorporated under prakie^Oom- the act of this Province, 50 Victoria, chapter 28, all the rights men may be of this Province in and to Laprairie Common. S °^°et^" f*^ *° Jesus. 4. On such settlement being effected, the Lieutenant- On settlement Governor in Council may pay, out of any public money at his being effected disposal, a sum of sixty thousand dollars to the Protestant to be paid Committee of the Council of Public Instruction, to be invested over to Pro- by the said Committee. Committee of The interest from said investment shall be annually appor- Council of tioned by the Protestant Committee, with the approval of the ftr„gt^J"' Lieutenant-Governor in Council, among the Protestant institu- investment of tions of superior education, in addition to and in the same ^'^"^.^"^ *°^ ^ , 1 1 1 J! J.1 i> application of manner as any sums now granted by law tor the purpose oi interest Protestant superior education in this Province. thereof. 108 ENCOURAGEMENT TO IMMIGRANTS, &C. Powers of 5. The Lieutenant-Governor in Council is authorized to Governor in ^^^^rce wherever necessary all claims that may become due carrying out to the Government of the Province owing to the execution of such agree- ^jig aforesaid agreements, meuts. ° Property known as " Jesuits' Es- tates "may be disposed of by Lieuten- ant-Governor in Conncil. 48 v., c. 10 to apply. Application of proceeds arising from disposal of such prop- erty. 6. The Lieutenant-Governor in Council is hereby authorized to dispose, in the manner he deems most advantageous to the Province, of the whole of the property, moveable and immo- veable, interests and rights generally whatsoever of the Province upon the said property known as the Jesuits' Estates. T. The act of the Legislature, 48 Victoria, chapter 10, not- withstanding section 5 of the said" act, and notwithstanding any other act to the. contrary, shall apply to the said estate, the proceeds whereof may be applied also notwithstanding any act to the contrary, for the above mentioned purposes, or for any other purposes approved by the Legislature. Crown Lands. 38 VICTORIA, CHAPTER 3. (Quebec.) An act to encourage Canadians in the United States, European immigrants and inhabitants of the Province, to established themselves upon the wild lands of the Crown. Preamble. Colonization fund. [Assented to 23rd February, 1875.] "TIT/'HEREAS Canadians emigrated to the United States, ' ' manifest a desire in large numbers, to return and establish themselves upon the public lands of this Province, and that to encourage their return it is expedient to offer them special advantages ; and whereas such advantages would be likely to attract to the Province a greater proportion of .agricultural immigrants desirous of becoming settlers ; and whereas it is also just to extend the same advantages to the inhabitants of this Province, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. From and out of the revenues of this Province, a sum of sixty thousand dollars is appropriated for the purposes herein- after mentioned, to be called the " Colonization Fund." Tf lots™or°" ^' "^^^ Lieutenant-Governor in Council may authorize the settlers.""^ Commissioner of Agriculture and Public Works to cause a certain number of lots of one hundred acres each, to be prepared in ENCOURAGEMENT TO IMMIGRANTS, &0. 109 townships to be designated by the Lieutenant-Governor in Coun- cil, to be offered to Canadians from the United States, to European immigrants and to inhabitants of the Province desirous of settling, and who appear to him to be in a position to succeed as settlers. ' '. S. The preparation of such lots shall consist in the clearing Clearing of of four acres in readiness for sowing, and in the construction ^'""' ^"^^' of a dwelling house of not less than sixteen feet by twenty, and such works shall be, as far as possible, performed by the set- tlers for whom such lots are intended. The cost of such work, including the price of the land, shall in no case exceed the sum of two hundred dollars for each lot ; and by order of the Lieutenant-Governor in Council, the Commis- sioner of Agriculture and Public Works shall authorize the payment of such works, from and out of the "Colonization Fund," hereby established. 4. The price of each of such lots shall be payable in the Price of the usual manner, that is to say, one-fifth on taking the location '°*^' ticket, and the balance in four consecutive annual payments, with interest from the day of the date of the location ticket. The cost of the improvements shall be payable in five other Eeimburse- consecutive yearly payments, which shall become exigible sue- ™o^gt*of impro- cessively, after the complete falling due of the price of the land, vemeuts. without interest, until maturity of each payment. 5. A regular account shall be kept, in the Department of Accounts in Agriculture and Public Works, of the expenses of the improve- duplicate, ment of each lot, a duplicate whereof shall be furnished to the Department of Crown Lands, which shall by its agents collect the same, as the instalments fall due, and shall render account thereof to the treasury department. 6. The settler who may wish to establish himself in one of Advance to the townships where the above mentioned advantages are offered, *'lf ^^^ \T will have the option of doing himself on his lot the four acres mike the of clearance, and of building himself a house of not less than clearing, sixteen feet by twenty. In such case the settler shall receive as an advance, the price of these improvements when they shall have executed to the satisfaction of the Commissioner of Agriculture and Public Works, at the price fixed by him ; this advance shall be paid in five yearly instalments, which will become exigible successively after the price of the land shall have completely fallen due. '7. To be entitled to any lot so prepared, or to receive the Qualifications advance by clearing himself his lot, the settler must be at least the settfera eighteen years of age, possess the qualifications required to suc- ceed as a settler, and not be proprietor of any landed property in the Province. 110 RELIEF OF SETTLERS UPON CROWN LANDS. Letters- patent for these lots. 8. Letters-patent for the lots so prepared shall not be granted until the price of the land and the costs of improvements, or the amount advanced in lieu thereof, shall have been both fully paid, nor until the settler shall have cleared and is maintaining, in a state of cultivation, at least fifteen acres of his lot. Default of payment. 9. In default of payment of any instalment fallen due, either for the price of the land or the costs of improvements, or for advances made, and in default of the settler being bond fide resident (tenant fexi et lieu) upon his lot, and of clearing and placing under cultivation at least one acre thereof annually, the location ticket granted unto him, may be cancelled, and the lot conceded to any other person, without the former being entitled to claim anything for his labour, or for instalments already paid, which, except for good cause, shall be confiscated to the profit of the Province. House, and expenses ex- pected and unexpected. lO. From and out of the " Colonization Fund," the Commis- sioner of Agriculture and Public Works may cause to be con- structed and maintained in each colony formed under this act, a house for the reception of the families of settlers upon their first arrival, and generally to meet expected and unexpected expenses connected with the organization of each colony. Preamble. 48 VICTORIA, CHAPTER 33. (Quebec.) An act for the relief of certain settlers upon Crown Lands, \_Assente6i to 9th May, 1885.] WHEREAS, in the interest of immigration and repatriation, it is necessary to come to the relief of certain persons , who have settled upon Crown Lands under the provisions of the act 38 Victoria, chapter 3 ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Remission may be made of amounts due under 30 v., c. 3. Return to Legislature. Coming into force. 1. It shall be lawful for the Lieutenant-Governor in Council, upon the report of the Commissioner of Crown Lands, to grant, upon sach terms as he may be pleased to fix, the remission in whole or in part of the sums now due to the Crown in virtue of the act 38 Victoria, chapter 3. 2. A detailed statement of the remissions made under this act shall be submitted to the Legislature during the first fifteen days of each session. 3. This act shall come into force on the day of its sanction. agriculture, public works, arts and manufactures. ill Agriculture. 3.6 VICTORIA, CHAPTER 7. (Quebec.) An act to amend the act intituled : " An act re- specting the Department of Agriculture and Public Works, and to constitute a Council of Arts and Manufactures." [Assented to 24iA December, 1872.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is consolidated with the exception of sections 6 to 9, which remain in force as follows : 6. All moneys in the possession of the said board of arts and Moneya of manufactures remaining unexpended in the hands of their ''°?r such boundary stones have not been marked in the manner by law prescribed, the boundaries placed in this Province by any land surveyor, before the 30th August, 1849, and mentioned in his procls-verhal, continue to be considered good and valid, if their position can be ascertained from such proces-verbal, what- ever their form, dimensions or material. SURVEYS — NOTARIES — STUDENTS, N. W. EXPEDITION. 153; 6S. The proc^s-verbaux made or boundaries placed since the Procls-ver- dates mentioned in the last two preceding sections up to the and^stone^ coming into force of the Consolidated Statutes of Canada, &c., placed 1859, with regard to which the absolute requirements of the ^ft^r above law on pain of nullity have not been complied with, remain before''i859, null and void, except only that in places where stones of the remain null proper size cannot be procured (which fact shall appear by certaiVcases^ the proces-verbal), boundary marks of wood or other material may have been used, which shall, in such case, have the same effect as the boundary marks of stone mentioned in this act. 48 VICTORIA, CHAPTER 35. (Quebec.) An act to amend article 116 of the Notarial Code (46 Victoria, chapter 32). [Assented to 9th May, 1885.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — The first section of this chapter is entered at article 3719 of the Hevised Statutes of Quebec, but is reproduced here as explanatory of section 2. 1. Article 116 of the Notarial Code (4-6 Victoria, chapter 32) 46 V., c. 32^. is amended by replacing the figures " 174," 'i'"^ the ninth line amended. thereof, by the figures " 114'' 2. This act shall have the same effect as if the figures "114," Effect of fore- substituted for the figures " 174," by the preceding section, had g°ing amend- formed part of section 116 of the Notarial Code at the time of its sanction. 3. This act shall come into force on the day of its sanction. Coming into. force. 49-50 VICTORIA, CHAPTER 33. (Quebec.) An act respecting those candidates for the study and practice of the liberal professions who took ]3art in the North- West Expedition of 1885. [Assented to 21st June, 1886.] WHEREAS a certain number of candidates for the study PreamMe. and practice of the liberal professions took part in the North- West Expedition of 1885 ; whereas their military services in such expedition have prevented some from presenting 154 STUDENTS, NORTH-WEST EXPEDITION. themselves at the prescribed time for admission to study and interrupted the studies of others, and whereas it is just to pro- vide that their having taken part in such expedition should not prejudice such candidates ; .Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Certain per- 1. Every aspirant for the study of a liberal profession who sons exen j)t performed military duty in the North-West Expedition of 1885, •^xammaUoifs shall be deemed to have passed the examinations for admission for admission to study held in 1885, and may, at the time prescribed by law, *o study. present himself for examination for admission to practise his intended profession, as if he had received a certificate of admis- sion to study and had been under indentures since the spring of 1885, provided that he commenced studying in the autumn of 1885, that there be no other irregularity in his studies, and that he has otherwise complied with the requirements of the law. Proviso. •Certain litu- dents allowed to present themselves for examina- tion although ■studies have been inter- rupted. ■Coming into iforce. 2. Every student of a liberal profession, who was under indentures at the time he entered service upon the North- West Expedition of 1885, and who otherwise fulfilled the conditions required by law for admission to such profession, may be ad- mitted to the examination for the practice of such profession as if he had not interrupted his studies for the said expedition, and, if he passes such examination, he shall have a right to be admitted to practise such profession. 3. This act shall come into force on the day of its sanction. SPreamble. 51-52 VICTORIA, CHAPTER 43. (Quebec.) An act to amend the Act 49-50 Victoria, chapter 33, respecting those candidates for the study and practice of the liberal professions who took part in the jS'orth-'West Expedition of 1885. [Assented to 12th July, 1888.] WHEREAS by the act 49-50 Victoria, chapter 33, Her Ma- jesty, by and with the advice and consent of the Legis- lature of Quebec, was pleased to come to the assistance of those candidates for the study and practice of the liberal professions who took part in the North- West Expedition of 1885, and who were qualified from their classical studies to undergo such exa- mination, by exempting them from the prescribed examinations ; and whereas the said act is of no use to the candidates for study, owing to their being unable to comply with one of the conditions imposed by the said act, and whereas it is expedient STUDENTS, NORTH-WEST EXPEDITION. 155 and just that the said act should have its full and complete efifect ; Therefore, Her Majesty, by a»nd with the advice and consent of the Legislature of Quebec, enacts as follows : .1. Section 1 of the act 49-50 Victoria, chapter 33, is amended 49-50 V., c. by striking out the words, in the.eighth and ninth lines thereof , amended. "that he commenced studying in the autumn of 1885," and by adding after the word '' law," at the end of the said section, the following words: " and that he establishes that he really intended to study such profession." 2. This act shall come into force on the day of its sanction. Coming into force. TITLE XI. MUNICIPAL CORPORATIONS, COMPANIES, SOCIETIES AND CLUBS. 1. MUNICIPAL CORPORATIONS. CONSOLIDATED STATUTES OF CANADA. CHAPTER 25. An act respecting the Clergy Eeserves. (In connection with the Mun'icvpalities Funds.) HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chwpter is consolidated less sections 3, 4, 5, tvhich reviain in force as follows : FIRST CHARGES ON THE SAID FUNDS, AND HOW PAYABLE, &C. 3. The annual stipends or allowances which had been, be- fore the passing of the act of the Parliament of the United Kingdom, passed in the sixteenth year of Her Majesty's reign, and chaptered 21, assigned or given to the Clergy of the Churches of England and Scotland, or to any other religious bodies or denominations of Christians in either section of the Province, and chargeable under the act of the said Parliament on the Clergy Reserves in such section, (and to which the faith of the Crown is pledged) shall, during the natural lives or incumbencies of the parties receiving the same at the time of the passing of the said act, be the first charge on tbe Munici- palities Fund for that section of the Province, and shall Ije paid out of the same in preference to all other charges or expenses whatever ; provided, that the annual allowan«» payable immediately before the eighteenth December, 1854i, to the Roman Catholic Church in Upper Canada, and to the British Wesleyan Methodist Church for Indian Missions, shall con- tinue to be payable during the twenty years next after that day and no longer. 18 V., c. 2, s. 2. Governor in 4. To remove all semblance of connection between Church w?th"c 'n™nt ^'^*^ ^tate, and to effect an entire and final disposition of ail of parties matters, claims and interests arising out of the Clergy Re- interested serves, — the Governor in Council may, whenever he deetBS commute sue -^ expedient, with the consent of the parties and bodies Annual stipends or allowances charged in the reserves to be pay- able during the lives or incumbency of the present recipients. Proviso as to certain reli- gious bodies. REGISTRATION AND TRANSFER OF DEBENTURES. 157 severally interested, commute with the said parties such an- stipends, &c., nisal stipend or allowance for the value therof, to be calcu- y° 'JugYn lated at the rate of six per cent per annum, upon the probable money. life of each individual ; and in the case of the bodies above particularly specified in the next preceding section, at the actual value of the said allowance at the time of commutation to be calculated at the rate aforesaid ; and such commutation shall be paid accordingly out of that one of the Municipalities Funds upon which such stipend or allowance is made charge- able by this act : 2. Provided than in case of commutation with either of the Proviso : said bodies or denominations, it shall not be lawful for them ^^""^0*'°"^ or either of them to invest the moneys paid for such commu- religious tation, or any part thereof, in real property of any kind what- ^odies not to soever, under penalty of forfeiting the same to Her Majesty ; inre"I*prop- and that the said bodies or denominations shall lay before the erty, etc. Legislature, whenever called on so to do, a statement of the manner in which said moneys have been invested or appro- priated. 18 v., c. 2, s. 3. 5., So long as any such stipend or allowance is chargeable Sufficient of upon either of the said Municipalities Funds, a portion of such i,g''r''etained *** fond producing annually interest sufficient to pay every such to pay sti- stipend or allowance then chargeable thereon, shall be retained pends, &c., by the Receiver General and appropriated for that purpose, geaWe on ' and if not already invested shall be by him invested in public said funds. British securities, or in any Provincial debentures or secu- rities which under the Act respecting Banks and freedom, of Banhmg, may be accepted by the Receiver General in exchange for registered bank-notes, as the Governor in Council may from time to time direct ; and the Receiver General, being thereunto authorized by order of the Governor in Council, may dispose of any securities in which such moneys are invested, and invest the proceeds in any other such securities as afore- said, or may apply them to the payment of the commutation aforesaid. CONSOLIDATED STATUTES OF CANADA. CHAPTER 84. An act respecting registration and transfer of municipal and certain other debentures. WHEREAS it would tend greatly to the increased value Preamble. of debentures issued under the authority of by-laws of municipal and other corporate bodies, passed for the purpose of raising moneys, and also to the better security of the holders of the same, that a system of registration should be adopted, 158 REGISTBATION OF MUNICIPAL DEBENTURES. and a priority of lien in respect thereof given under certaia conditions ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. REGISTRATION. Note. — This chapter is consolidated less section 1, tvhidi revnains in force as folloius : If not already 1. If not already done, it shall be the duty of the clerk or copfes^of alf secretary-treasurer or person acting as such, of every munici- by-laws pal, provisional municipal corporation, and of the clerk or sec- nmnicipal retary, or person acting as such, of any other corporate body tw and porpo- transmit to the registrar of the county or registration division rate bodies Jq -w^hich such municipal corporation, or other corporate body or debentures its principal office is situated, on or before the 4th day of Novem- have issued ber, 1869, a copy duly certified as hereinafter provided, of each transmuted ^^"^ every by-law of such municipal or provisional municipal to the proper corporation, or other corporate body, heretofore passed under or fofthwrth ^y authority of which respectively any sum or sums of money together with may have been raised by the issue of debentures, together * jf*j ",' *f '" with a return in the form specified in the schedule hereunto annexed, marked A, shewing the title or objects of each such by-law, the number of debentures issued and the amounts thereof respectively, the amounts already heretofore paid or redeemed by the said corporation on the account of the same, the balance still remaining outstanding and payable there- under respectively, the dates at which the same respectively fall due, and the amount of yearly rate to pay oflTthe same, and the assessed value of the real and personal estate of the municipality or company. 22 V., c. 91, s. 1, — 22 V., c. 23, ss. 1, 4, (1859.) CONSOLIDATED STATUTES FOR LOWER CANADA CHAPTER 24. An act respecting municipalities and roads in Lower Canada. TTER MAJESTY, by and with the advice and consent of the -■--1- Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter is superseded by the Municipal Coda less section 64-, which is federal, and section 38 and also sub- sections 1 and 2 of section 39, tvhich remain in force as follows : PROPERTY OF FORMER MUNICIPALITIES. 159 PROPERTY AND DEBTS OF FORMER MUNICIPALITIES. 38. All moneys which, on the first day of July, one thousand Moneys to b» eight hundred and fifty-five, were or ought to have been in the treasurer of hands of the secretary-treasurer of any municipality, and which new county belonged to any municipality which then ceased to exist, shall ^0'^'^^' *n'^d be paid into the hands of the secretary -treasurer of the county in which the place where the sittings of the council of such municipality were held is situate, and shall be at the disposal of the council of the said county, to be applied first to the dis- charge of the debts and expenses of the municipality which so ceased to exist, and afterwards to the discharge of those which the said county council may have itself contracted ; — saving Recourse of the recourse of any other county of which any part may have ^"^ j*^' been within the municipality so ceasing to exist, for a share saved. ' of such moneys proportionate to the population of such part as compared with that of the whole municipality so ceasing to exist; 2. The county council shall have a right of action, for the Recovery of recovery and payment of all such moneys as aforesaid ; and not pSd°o^vcr^ the said moneys shall be afterwards employed or paid by the secretary-treasurer according to the order which he receives from the county council, in pursuance of the provisions afore- said; 3. All assessments or rates of any kind whatsoever, which. Assessments, on the day last aforesaid, were due to any such municipality *"•' '^"®' *°* ceasing to exist, shall belong respectively and shall be paid to the local municipality within the limits of which they were imposed, in the same manner as if the said assessments or ■ rates had been imposed in the said local municipality by and in virtue of this act ; 4. From and after the first day of July, one thousand eight Transfer of hundred and fifty-five, all the property, movable as well as o™ mu^nidpa- immovable, which then belonged to any municipality ceasing lities to those to exist, has belonged to the county municipality created by ""t^®"^ l^'^th and in virtue of the Lower Canada Municipal and Koad Act acts conso- of 1855, within which the place, where the sittings of the coun- lidated. oil of the municipality ceasing to exist were held, is situate, in the same manner as if the said property had been acquired by Recourse of the last mentioned county municipality ; saving the recourse °*?'! ™°iioi- of any other county of which any part may have been within gaved^^' the municipality so ceasing to exist, for a share of the value of such property proportionate to the population of such part as compared with that of the whole municipality so ceasing to exist ; 5. The debts, contracts and agreements of any municipality Debts, con- which ceased to exist by the coming -into force of the Lower ^uq'c'j^i;' °^ Canada Municipal and Koad Act of 1855, became thereafter ities ceasing the debts, contracts and agreements of and shall be recoverable ""^^'' tJ^e act or enforceable by or from the county in which the place where by wiiat ' ' the sittings of the council of the municipality so ceasing to 160 DELIVERY OF PAPEKS BY FORMEE OFFICERS. municipality exist were held, is situate, in the same manner as if the said enforoed*"^ °^ debts had been contracted by and the said contracts and agree- Recourse ments had been entered into by the latter municipality, saving against other ^^e recourse of such county to recover from any other county ities. ' within the limits of which any part of the municipality ceas- ing to exist was situate, a share of any sum paid in discharge of any such debt, proportionate to the population of such part, of such municipality as compared with the whole population thereof ; — and it shall be lawful for any county council to- cause a rate or rates to be levied on the assessable properties- in any locality within such county forming a separate munici- pality, or part of a municipality, or parts of several municipal- ities, for the payment of any debt or debts contracted or work or works done for the advantage of any such locality by any county or parish municipality heretofore existing, or upon the ' whole county if the debt or debts was or were contracted or such work or works performed for the benefit of the whole Rates to be county ; — and every such rate may be levied for the satisfac- ohareinff"^ ' ^^'^^ ^^ ^^J equitable claim, whether such debts were contracted Buch debts, or such works performed according to the formalities required by law or not ; Population, 6. The population referred to in this section shall be that- mined* ^^' established by the census taken in the year one thousand eight hundred and fifty-two. 23 V., c. 61, s. 38. DELIVERY OF PAPERS, &C. Papers relat- 39. Every person who formerly held the office of grand law^to'ibe'^ ''^oyer, or any municipal office under any act or law relating to delivered and the municipal or road system, and the heirs, testamentary ex- to whom. ecutors or curators of any such officer who is dead or absent from Lower Canada, was bound to deliver to the secretary- treasurer of the municipal council of the county to which they relate, within fifteen days after the first of July, one thousand eight hundred and fifty-five, — or if such secretary-treasurer was not then; appointed, within eight days of his appointment, — all books, registers, proces-verbaux, repartitions, assessment rolls, resolutions, copies of judgment, maps, plans, returns and other documents and papers in his or their possession, or under his or their control, relating to such office, to remain deposited and of record in the office of the council and in the custody of the secretary-treasurer : Action to 2. The secretary-treasurer of each county council has had compel such and shall have a right to take possession of all and every such e ivery., books, papers and other things wherever he can find the same, in the event of their not being delivered to him by the proper officer or person within the delay hereinbefore allowed, and has also had and shall have a right of action to recover, in the . name of the municipality, the same with damages, as indemnity to the municipality, and costs, before any Circuit Court, by saisie revendication or otherwise, from such officer or from his heirs. MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. 161 •executors or curators, or from any other person having posses- Enforcing sion thereof : — and judgment in every such action by which i"gf™cyon'^ delivery or the payment of damages or both has been ordered, may be enforced by contrainte par corps against the person ■condemned, according to the laws in force in such cases in Lower Canada, if by the declaration such contrai/nte is de- manded. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 25. An act respecting municipalities taking stock in railways and other works. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter is reproduced in the Municipal Code, but, as amended by Ji.7 Vic., c. J 9, remains in force for transac- tions previous to the code as follows : 1. The council of any county or local municipality in Lower Municipal Canada may, by by-law to be passed at any meeting by them councils may regularly held, after the preliminary requirements hereinafter warden, &c., mentioned have been complied with, authorize the warden, to t^ke stock mayor or chief oflBcer, or any other person, whom they may for^coifstrucl- specially appoint for that purpose, to take and subscribe for ing railways, shares in the capital stock of any company duly formed and *ea'rmu°uici- incorporated for the construction of any railroad passing through palities. or in the vicinity of their municipality, or of any company incorporated under and in pursuance of the act passed in the twelfth year of Her Majesty's reign, chapter fifty-six, or of ■chapter seventy of these Consolidated Statutes, for the con- struction of any road, bridge, pier, wharf or slide, either wholly or partly within the limits of their municipality, or in the vicinity thereof, to an amount not exceeding that limited by the eleventh paragraph or subsection of section twenty -four of chapter twenty-four of these Consolidated Statutes : 2. Such council may authorize the necessary funds for the Special rate payment of the said stock, to be borrowed upon the credit of to meet'^"^*'^ their municipality, and shall in such case provide for and im- interest on pose a special rate and assessment over and above any rate ™o°ey bor- and assessment which such council is otherwise by law au- thorized to make, upon the rateable property within such municipality, for all sums of money necessary to meet the interest annually upon any' money which they borrow for the payment of the said shares in such capital stock, and also to establish the sinking fund required by the provisions herein- 11 162 MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. By-law must be approved under Con. Stat. Canada, cap. 83. Certain pro- visions ofcap, 24 to apply. What the preamble shall contain. Exjjenses of taking the votes. after mentioned of chapter twenty-four of these Consolidated' Statutes, to provide for the liquidation of the capital of the- money so to be borrowed by their municipality. 16 V., c. 138^ s. 1—16 v., c. 213, s. 1,-23 V., c. 61, s. 24. 2. But no by-law shall be passed by any one of the said councils authorizing any such subscription as aforesaid, until after it has been approved in the manner provided by the act intituled: An Act respecting the Consolidated Municipal Loan Fund ; — and all the provisions and requirements of paragraphs or subsections ten, eleven, thirteen and fourteen, of section twenty -four of chapter twenty-four of these Consolidated Stat- utes, shall apply to every such by-law and shall be complied with before it is passed, — and any by-law passed under the authority of the said paragraphs or subsections for any purpose authorized by this act, shall be held to be passed under this- act, the provisions whereof shall apply accordingly : 2. Such by-law, if passed, shall, in the preamble thereof,, contain a recital that all the requirements of this act have been complied with before the passing thereof, and the correctness of such recital shall not be traversed or called in question thereafter, so as to affect the validity of such by-law, but this shall not affect the responsibility of any person or persons who have knowingly concurred in any false recital therein ; 3. The council may, out of any moneys to be raised under this act, pay a reasonable compensation to the persons em- ployed in taking the votes of the municipal electors as afore- said, and all expenses fairly incurred in carrying this act into effect. 16 v., c. 138, s. 2,-16 V., c. 213, s. 1,-23 V., c. 24, s. 24. No such by- 3. No municipal council shall adopt any of the proceedings law may be hereinbefore mentioned unless there has been made, within a*Taluat?on°^ *he next preceding five years, by the assessors or other proper has been made persons, a valuation of the rateable immovable property of the inhabitants of the municipality, and such valuation shall be considered as the basis of any special rate or assessment to be levied in the municipality under any by-law passed under the provisions of this act. 16 V., c. 138, s. 3. within 5 years If by-law be money may be raised thereon and how. 4. So soon as a by-law has been passed by the council of any municipality, as mentioned in the foregoing sections, the warden, raayor or other person thereby authorized may, on behalf of such municipality, subscribe for the number of shares in the capital stock of the company determined upon in such by-law ; and the funds required to pay for the said capital stock may be borrowed on the credit of the municipality either in this Province or elsewhere, and bonds or debentures of the municipality bearing interest, and payable to the bearer or to order, either in this Province or elsewhere, and in currency or sterling, signed by the warden, mayor or other person spe- cially appointed for that purpose, countersigned by the secretary- MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. 163 treasurer, and sealed with the seal o£ the municipality, may be issued for the amount of the shares of the said capital stock so subscribed for, and may be delivered to the company or sold to realise funds for the payment of the said stock : 2. But the said bonds or debentures shall not be granted for Amount, &c., less than one hundred dollars each, and shall be made payable ofsuchdeben- in not less than five nor more than thirty years, and may be in ed. the form A, annexed to this act, or in the form LL, annexed to chapter twenty-four of these Consolidated Statutes. 16 V., c. 138, s. 4,-23 v., c. 61, s. 24 and Schedule. 5. If at any time it happens that the moneys in the hands of Certificate to the secretary -treasurer of any municipality, and applicable to J"* "^"^^ py the payment of the interest or of the principal of the debentures treasurer if ^ issued by such municipality under this act, or any part of the ^^s funds are same, are insufficient to pay any such interest or principal then J^gg^ c'la^s*** due, the said secretary- treasurer shall calculate what rate in the under this dollar upon the assessed annual value of the property liable to ' " '■ assessment in the municipality, will, in his opinion,(after making fair allowances for expenses, losses and deficiencies in the collection of such rate,) be required to produce a sum sufficient, with the moneys in his hands applicable to the purpose, to pay the sum due for such principal and interest or either, as the case may be, and shall certify such rate under his hand to the council for the information thereof, in the following form, or to the like effect : "Gentlemen, — I hereby certify, for the information of the Formofcerti- " council of the municipality of the county, (township, parish, ficate. " city, town or village) of , that a rate of " in the dollar, on the assessed yearly value of the property " liable to assessment in the said municipality, is, in my opinion " (after making a fair allowance for losses and deficiencies in " the collection of such rate) required to produce a net amount " equal to that now due for interest (and principal, if any be " due) forming part of the loan contracted in virtue of the act, " &c., — (title of this Act) " ; 2. And such certificate shall have the like effect as a by-law Kffect of the council of such municipality lawfully imposing the rate '^'^e'sof- therein mentioned, and shall be obeyed and acted upon by all officers of the municipality and by all others, and the rate therein mentioned shall be forthwith levied and paid accord- ingly, and in addition to any other rates lawfully imposed by any by-law of the council thereof, notwithstanding any act or provision of law to the contrary, limiting the amount of rates to be imposed in any one year, or as to the time of the year at, which rates may be. imposed, levied or collected ; 3. And the proceeds of such rate shall be applied, first, to How proceeds the payment of the principal or interest, or both, as the case P*^,'^^^*^?^^''" may be, for the payment whereof the rate was imposed, and if '^' ^ ' there be any surplus of the said proceeds, such surplus shall 164 MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. Special rate to be raised annually under the said by-law. Amount thereof. Sinking £und. How the prin- cipal and in- terest due and unpaid on de- bentures is- sued under this act may be levied un- der execu- tion. SUeriflF, fee, in certain cases, to cal- culate the rate required. Duty of score- tary-treasu- make part of the sinking fund for the extinction of the said loan, or if there be no part of the said loan for which a sinking fund is required under this act, then such surplus shall be applied to the general purposes of the municipality, 16 V., c. 138, s. 5. 6. The special rate and assessment imposed by any by- law, to be passed as aforesaid, shall be raised, levied and collected annually in the same manner as other rates and as- sessments which municipalities are by law authorized to raise, levy and collect, and with the same hypothec, mortgage and priority and recourse for securing and recovering such special rate and assessment ; 2. The said special rate and assessment shall be raised, levied and collected upon and from all rateable property in the municipality in which such by-law is passed, and shall be in amount sufficient to pay the interest annually of the bonds or debentures issued by the municipality under this act, and at least two per cent additional on the entire amount of the capital of the said bonds or debentures in each year after deduction of all charges and expenses, for the purpose gf establishing a sinking fund to redeem the capital of the said bonds or debentures, which additional two percent or upwards, as the case may be, together with all other moneys which may be specially appropriated for that purpose by the council of such municipality, shall be invested in Provincial Government debentures, or in the stock of any chartered bank in this Prov- ince, or otttacsKJse .iu ^aaiy gamier in whiph municipalities are ^By iiasw^aiiinoiazed '.to mvest moneys. 16 V.,-c. 138, s. 6. T. If at any time any sheriff or bailiff receives a writ of execution, commanding him to levy any sum of money due by any municipality for the principal or interest of any bond or debenture issued under the authority of this act, the plaintiff may require, and the court whence such execution issues may order it to be levied by rate : 2. If such order be made, the sheriff or bailiff shall cause a copy of such writ to be served upon the secretary-treasurer of such municipality, and if the money therein mentioned, with all the lawful interest and costs which the said sheriff or bailiff is commanded to levy, is not paid within one month from the time of such sei^vice, the said sheriff or bailiff shall himself calculate what rate in the dollar, upon the assessed value of all the rateable property lying or situate within the limits of the municipality, will, in his opinion, after making fair allowance for the expenses, losses and deficiencies in the collection of such rate, be required to produce the debt, interest and costs which he is commanded to levy, and a sum of ten per centum in addition ; 3. The said sheriff or bailiff may command the council of the municipality, and all officers whom it may concern, to cause the MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. 165 rate so calculated to be levied and collected, and the proceeds rer, n^sessors. to be paid over to him ; and the secretary -treasurer, assessors, and other offi- coUectors and all other officers of the municipality, shall pro- duce to the said sheriff or bailiff, on his demand, all assessment books, papers and documents, having reference to the assess- ment of the property in the municipality, and shall give him such information as he requires in order to 'fix the said rate ; 4. All such officers of the municipality shall obey the said PenaUy on sheriff or bailiff as well, in respect of such information as in the obV\"«ie%ie- levying and collection of the said special rate, and for neglect- riti'. ing or refusing such obedience, shall be liable to imprisonment (contrainte par corps), to be decreed against them by the court in which the judgment has been rendered and ought to be levied ; and the said sheriff or bailiff shall, for the purpose of imposing, levying and collecting the said special rate, have all Special pow- the powers of the said municipal council and of its officers, "^'^ ° ^"^" and may proceed to the sale of lands and immoveable property in the same manner, and take such other proceedings and recourses as they could do for the non-payment of any rate or assessment ; 5. The said sheriff or bailiff shall pay to the plaintiff his How amount debt, interest and costs out of the amount levied, and if there {^^'Jf-* ^''^'i is any surplus, it shall be paid back to the secretary-treasurer of. of the municipality, but if there is a deficiency, a new levy may be made ; • 6. No rate so imposed, nor any levy or collection by such Proceedings sheriff or bailiff, shall be liable to be opposed for inequality or '°^' ^'^^'^*^^^- injustice, but any party injured may petition the council of the municipality for redress out of their other funds ; 16V., c. 138, s. 7. 7. But nothing in this section shall prevent the execution of Bnt tlie juAg- any judgment for money due for principal or interest on any "g"\™^Je- debenture issued under this act, in the manner provided by euted under section sixty -five of chapter twenty -four of these Consolidated §• ^^ °' *^''P- Statutes, if the plaintiff prefers to proceed under that section. 23 v., c. 24, s. 65. 8. If the inhabitants of any one or more townships or Parishes or parishes in any county, are more especially interested in any townships^ such railway or work as aforesaid, than those of the other terested may townships and parishes therein, then the county council may anthonze pass a by-law or by-laws to authorize the warden of such of stoo'll' in"^ county, or other person whom they may appoint, to subscribe railways to for stock of the company incorporated for the construction of ll^^^iy hf *^* such railway or work, to be held by the county for and on be- their Lehaif. half of such township or townships, parish or parishes : 2. In such case the sums necessary for paying for such stock jiow money or the instalments thereon, and the principal and interest of 'J^'J ^ ■'^'8- any debentures issued for raising money to pay for such stock '' 166 MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. Powers of sheriff as re- gards the levying of moneys in such pai'islies &c. or instalments, shall be raised by assessment on the assessable property in such township or townships, parish or parishes only, and not on the property in the remainder of the county ; and such stock shall be held by the county for the benefit of such township or townships, parish or parishes, and any surplus, profits or dividends thereon, after paying all charges incurred in respect of such stock or such debentures as aforesaid, shall be credited to such township or townships, parish or parishes, and shall go in deduction of any taxes which would otherwise be payable by them for county purposes ; and the form of any debenture to be issued for the pui-pose of raising money to pay for such stock, shall be varied so as to shew that the money thereby secured is payable only out of moneys to be raised by assessment on the assessable property in such township or townships, parish or parishes ; 3. But in so far as will not be inconsistent with the forego- ing provisions of this section, the foregoing provisions of this act (except as to submitting the by-law for approval) shall apply to the case mentioned in this section ; and the sheriff or bailiff having any wnt of execution issued under a judgment against the county municipality for any moneys due on any such debentures, shall have the same powers for levying the same on the assessable property in such township or townships, parish or parishes, as under- this act he would have for levying the same on the assessable property in the whole county, if the stock had been subscribed for and the debentures issued on account of the county ; 4. No by-law shall be passed under this section, unless all the councillors representing each township or parish, on account of which stock is to be taken in any railway company as afore- said, vote for the passing of such by-law, nor unless the fact of their so voting be recited in the preamble thereof, and such fact being so recited shall not be controvertible as against the company to whose stock the subscription is made, or any per- son claiming under any debenture issued under such by-law, saving always the recourse of any person injured by any mis - statement in such recital against all parties concerned in making the same ; 5. But it shall not be necessary that any by-law, passed submiTtecTfor "nder this section, with the consent of all the councillors re- approval, &c. presenting the township or townships, parish or parishes affected thereby, should be submitted for approval in the man- ner provided by the said act, intituled : An act respecting the Consolidated Municipal Loan Fund, or that it should be ap- proved by a majoi-ity of the qualified municipal electors there- for ; and the twelfth, thirteenth and fourteenth subsections of section twenty-four of chapter twenty-four of the Consol- idated Statutes, shall not apply to any such by-law. 16 V., c. 213, s. 2. By-law not to 9. No such by-law, as is mentioned in the next preceding be repealed gection of this act, shall be repealed until the debt contracted Such by-laws not to be va- lid unless voted for by the council- lors for the parishes, &e., interested. Such by-lp^ws need not be MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. 167 Tinder it and all interest thereon have been entirely paid, can- till the whole celled and discharged, and any proceeding for the repeal of any ^^^^ '^ P*'^- •sudi by-law, until the complete payment of such debt has been made, shall be absolutely null and void : 16 V., c. 138, s. 8. 2. Nor shall any by-law passed under the first section of Nor any by- this act be repealed otherwise than in the manner provided by u^e^^sect. i. subsection or paragraph thirteen of section twenty-four of the said chapter twenty-four of these Consolidated Statutes. lO. Nothing in this act shall be construed to diminish or Certain affect any of the rights or liabilities of any municipality under rights and lia^ the seventy-iifth, seventy-sixth, seventy-seventh, seventy- nicipalities eighth and seventy -ninth sections of the Act respecting Bail- "<>* affected -ways, chapter sixty-six of the Consolidated Statutes of Canada, ^ 's ac . -or under the provisions of any act or law in force in Lower Canada in relation to the establishment of municipal author- ities therein. 16 V., c. 138, s. 9. SCHEDULE A Referred to in the foregoinr/ act. Municipality of the county, (parish, township, city, town or village, as the case may be.) No. £ cy. or stg. This debenture witnesseth, that the municipality of the ■county (or as the case may be,) under the authority of chapter twenty-five of the Consolidated Statutes for Lower Canada, intituled : An cu;t, &c., (title of this act,) have received from '{name) of (domicile, profession or occupation,) the sum of £ (cy.) or (stg.) as a loan, to bear interest from the date hereof at the rate of per centum per annum, payable half-yearly on the day of and , at , which sum of £ the said munici- pality, as a municipal corporation, hereby binds and obliges itself to pay — (if the debenture isissued under section eight,add,) out of moneys to be raised by assessment on the assessable property in the townships (or parishes, as the case may he, of only) — on the day of , at , to the said , or to the bearer hereof, and to pay the interest thereon half-yearly, as aforesaid, according to the coupons or interest warrants hereto attached. In testimony whereof, 1, , warden (or mayor) of :the said municipality, being hereunto duly authorized, have liereunto affixed the common seal of the municipality, at , 168 MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. in the said county (township, parish, city, town or village) of on this day of , in the, year of Our Lord, one thousand eight hundred and Signature of warden or rnxLyor.. Countersigned by [Seal.] Secretary-treasurer. 47 VICTORIA, CHAPTER 19. (Quebec.) An act to amend chapter 25 of the Consolidated Statutes for Lower Canada. {^Assented to 10th June, 1884.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : C.S. L. c.,c. 1. Section 6 of chapter 25 of the Consolidated Statutes for 25, s. 6, Lower Canada is amended by adding the following subsection amended. ,i . J b & thereto : Levy of addi- "3. If, prior to the maturing of the bonds or debentures tional assess- iggugd. by any municipality under a by-law passed in accord- ID6I1L to meet 1/ */ 1 1/ _ V Jr deficit in ance with the provisions of this act, it should be found that sinking fund, the sinking fund, provided by said by-law, is insufficient to redeem the capital of the said bonds or debentures at the maturity thereof, either by reason of the insufficiency of the amount set apart for such sinking fund, the lowering of the rate of interest, the difficulty of procuring investments for the same, or for any other reason, and the said sinking fund should have fallen in arrear, the council of such municipality may, by a two-thirds majority thereof, impose and levy upon the rateable property, liable to the payment of such bonds or deben- tures under such by-law, such additional rate and assessment as they may find necessary or expedient to make up the actual and anticipated deficiency of such sinking fund, over and above the rate and assessment mentioned in such by-law, by such yearly assessments as the council may deem most expedient,, so as to enable the council to provide sufficient funds to meet the bonds or debentures, issued under .such by-law, at their- maturity. Application The additional amount so raised shall be applied solely to of addi-.ional such sinking fund ; and in case of any surplus remaining from sum so raise . ^^^j^ additional rates after the redemption of all the bonds or debentures so issued by the municipalijty, then such surplus, shall be applied to the general purposes of the municipality. Certain by- 2. Nothing in the present act shall be held to afl^ect the vali ' ff'^t^d^b ^^^^ °^ ^"^y ^^'^^ by-law for the issue of such bonds or deben- thiract. ■'' tures or to relieve any property or person from any obligation MUNICIPALITIES TAKING STOCK IN RAILWAYS, &C. 169J arising therefrom, it being hereby expressly enacted that all property, originally affected by the rate and assessment imposed by such by-law, as required by law, shall remain affected by the same until such time as the terms and conditions of such by-law have been fully fulfilled in accordance with the require- ments thereof. 3. In case any municipality does not avail itself of the two Redemption preceding sections, and at the time such debentures become due °f debenture^-. there be no funds wherewith to redeem such debentures, for the reasons aforesaid, the council of such municipality may, by a two-thirds vote of its members, pass a by-law to issue, and may issue in virtue thereof, to redeem such overdue debentures, new debentures for a like amount, payable as may be decided in such by-law, and may impose the necessary tax and assess- ment to pay the capital and interest thereon. 4. All rateable property, which formed part of the munici- Property ll- pality of a county at the time any such by-law was passed, ment'foTun-~ shall remain liable and shall contribute for the debt remaining paid debt. unpaid, and for the debentures which may be issued in virtue of this act ; and in case any municipality, or portion of a muni- cipality, may have been detached from any such county after the passing of any such by-law, the secretary-treasurer of any Duty of secre- such municipality, detached as aforesaid, or of any municipality ta,ry-trea3- containing any property detached from said county, shall, each tached muni- time a new valuation roll is made in such municipality, forward cipality after^ and deliver a certified copy thereof, or a duly certified extract fa^^'"^ " ^ therefrom, containing the valuation of such properties detached as aforesaid, to the secretary -treasurer of such county munici- pality, which said valuation roll or extract shall be equalized by the council of the said county which passed said by-law, in proportion with the remaining valuation rolls of the said county ; and the secretary -treasurer of any such municipality so detached, or containing property so detached as aforesaid, shall collect money due under each apportionment which may be made, and shall forward and deliver the same to the secre- tary-treasurer of the municipality which passed such by-law. Such municipality so detached as aforesaid, or such munici- Responsibii- pality containing property so detached as aforesaid, shall be ^^J °^ detach- liable to the said county for such apportionments, or any of paiity. them, in like manner as if such municipalities formed portion of the said county, and any action for the recovery of any such apportionment may be taken in the Circuit Court of the county, or the Circuit Court or the Superior Court of the district in which said by-law was passed. 5. The present act shall come into force on the day of its Coming intc» sanction. ^°™«- 170 DESTRUCTION OF WOLVES — RAILWAY ACT. 32 VICTORIA, CHAPTER. 35. (Quebec.) An act to repeal chapter thirty-two of the Consol- idated Statutes for LoAver Canada, respecting the destruction of wolves. [Assented to 5th April, 1869.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : t). S. L. C, c. 1. Chapter thirty-two of the Consolidated Statutes for Lower ^2, repealed. Qanada is hereby repealed. 2. Companies. 1st. railways and subsidies. CONSOLIDATED STATUTES OF CANADA. . CHAPTER 66. An act respecting Eailways. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter remains in force for railway companies organized previous to, or in virtue of the said chapter. 1. APPLICATION OF ACT. :jfatne by 1- Whenever this act is referred to in citing the same, it which it shall shall be sufficient to use the expression, "The Railw iii Act." """""" 14-15 v., c. 51, s. 2. .be cited. Application 2. When not otherwise expressed, this and the following •of act. sections to the one hundred and twenty -fifth shall apply to every i-ailway authorized to be constructed, by any act passed since the thirtieth day of August, one thousand eight hundred and fifty-one, or by any act passed after this act takes eifect, and this act shall be incorporated with every such act ; and all the clauses and provisions of this act, unless they are ex- HAILWAYS — INTERPRETATION. 171 pressly varied or excepted by any such act shall apply to the undertaking authorized thereby, so far as applicable to the undertaking, and shall, as well as the clauses and provisions o£ every other act incorporated with such act, form part of such act, and be construed together therewith as forming one act. 14-15 V. c. 51, s. 1. S. For the purpose of incorporating this act or any of its What shall provisions with a special act, it shall be sufficient in such act j'q m"akin*"an to enact, that the clauses of this act, with respect to the mat- incorporation ter so proposed to be incorporated, .referring to the same in the °^. this act woard or words at the head of and introductory to the enactment ^g Jg^ «v^'^"^ with respect to such matter, shall be incorporated with such act, and thereupon all the clauses and provisions of this act, with respect to the matter so incorporated shall, save in so far as they are expressly varied or excepted by such act, form part thereof, and such act shall be construed as if the substance of such clauses and provisions were set forth therein with re- ference to the matter to which such act relates. 14-15 V., c. 51, s. 3. 4. The power given by the special act to construct the Power to eon- railway, and to take and use lands for that purpose, shall be ^™°',™''t,^ exercised subject to the provisions and restrictions contained be exercised in this act. subject to provisions of this act. 5. For the value of lands taken and for all damages to lands Compensa- iniui'iously affected by the construction of the railway in the tiontobe THfLufi tor exercise of the powers by this or the special act, or any act lands dam- incorporated therewith, vested in the company, compensation aged- shall be made to the owners and occupiers of, and to all other persons interested in, any lands so taken or injuriously affected. 14-15 v., c. 51, s. 4. 6. Unless otherwise specially provided by this act or the How compen- speeial act, the amount of such compensation shall be ascer- determined^ tained and determined in the manner provided by this act. 14- 15 v., c. 51, s. 4. 2. INTERPRETATION. T. 1. The expression "the special act," used in this act, Interpreta- shall be construed to mean any act authorizing the construe- *'°° °*^ words. tioa of a railway, and with which this act is in manner afore- " The special said incoi-porated ; ^"*'" 2. The word "prescribed," used in this act in reference to "Prescri- any matter herein stated, shall be construed to refer to such '^®^" matter as the same is prescribed or provided for in the special act; and the sentence in which such word occurs shall be construed as if, instead of the word " prescribed," the expres- sion " prescribed for that purpose in the special act " had been used ; 172 RAILWAYS — INTERPRETATION. "Thelanda." 3. The expression " the lands " shall mean the lands which by the special act are authorized to be taken or used for the purpose thereof ; " The under- 4. The expression " the undertaking " shall mean the rail- taking." ^^y ^^^ works, of whatever description, by the special a«t authorized to be executed ; Further inter- 5. The following words and expressions, both in this and the pretation. 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 : " Lands." 6. The word " lands " shall include all real estate, messu- ages, lands, tenements and hereditaments of any tenure ; 7. The word "lease" shall include any agreement for a lease ; 8. The word " toll " shall include any rate or charge or other payment payable under this act or the special act for any passenger, animal, carriage, goods, merchandize, articles, mat- ters or things conveyed on the railway ; 9. The word "goods" shall include things of every kind conveyed upon the railway, or upon steam or other vessels connected therewith ; 10. The expression "Superior Courts" shall mean the Courts of Chancery, Queen's Bench and Common Pleas in Upper Canada, and the Superior Court in Lower Canada, as the case may be ; 11. The word "county" shall include any union of counties, county, riding, or like division of a county, in the Province, or any division thereof into separate municipalies in Lower Canada ; "Highways." 12. The word "highways" shall mean all public roads, streets, lanes, and other public ways and communications ; "Sheriff." 13. The word "sheriff" shall include under-sheriff, or other legal competent deputy ; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the expression " the sheriff," or the expression " clerk of the peace," shall in such case be construed to mean the "Clerk of the sheriff Or clerk of the peace of the district, county, riding, ^^'^*- division, or place where such lands are situate ; and if the lands in question, being the property of one and the same party, be situate not wholly in one district, county, riding, division, or place, the same expression shall be construed to mean the sheriff or clerk of the peace of any such district, county, riding, division or place where any part of such lands are situate ; "Justice." 14. The word "justice" shall mean justice of the peace act- ing for the district, county, riding, division, city or place ' Lease." ' Toll.' ' Goods." ' Superior :!ourts." " County.' RAILWAYS — INCORPORATION — POWERS. 173 where the matter requiring the cognizance of a justice arises, and who is not interested in the matter ; and where the matter ai'ises in respect of lands being the property of one and the same party, situate not wholly in any one district, county, riding, division, city or place, the word "justice" shall mean a justice acting for the district, county, riding, division, city or place where any part of such lands are situate, and who is not interested in such matter ; and where any matter is au- thorized or required to be done by two justices, the expression "two justices" shall be understood to mean two justices as- "Twojus- sembled and actingr together : *"'®^' 15. The word "owner," where, under the provisions of this "Owner." act or the special act, any notice is required to be given to the owner of any lands, or where any act is authorized or re- quired to be done with the consent of any such owner, shall be understood to mean any corporation or person who, under the provisions of this act, or the special act, or any act, in- corporated therewith, would be enabled to sell and convey lands to the company ; 16. The expression "the company" shall mean the com- "Thecom- panj' or party authorized by the special act to construct the P*"y-" railway. 17. The expression " the railway " shall mean the railway " The rail- and works by the special act authorized to be constructed ; ^^^' 18. The word " clause " shall mean any separate section of " Clause." this act, or any other act therein referred to, distinguished by a separate number ; 19. The word " shareholder " shall mean every subscriber to " Share- or holder of the stock in the undertaking, and shall extend to °^"*'- and include the personal representatives of the shareholder. 14-15 v., c. 51, s. 7. 3. INCORPORATION. S. Every company established under any special act shall Companies be a body corporate under the name declared in the special established act, and shall be invested with all the powers, privileges and acts, declared immunities necessary to carry into effect the intentions and to ^^ bodies objects of this act and of the special act therefor, and which &'c.^°'^^ ^' are incident to such corporation, as are expressed or included in " the Interpretation Act. " 14-15 V., c. 51, s. 8. 4. POWERS. 9. The company shall have power and authority : Powers : Firstly. To receive, hold and take all voluntary grants and To receive donations of land or other property made to it, to aid in "the f^nd* &". construction, maintenance and accommodation of the railway, 174 RAILWAYS — POWERS. but the same shall be held and used for the purpose of such grants or donations only ; 14-15 V., c. 51, s. 9. Purchase Secondly. To purchase, hold and take of any corporation or land ; person any land or other property necessary for the construc- tion, maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same ; Occupy Thirdly. No railway company shall take possession of, use public lands, or occupy any lands vested in Her Majesty, without the consent beac es, c; ^£ ^-^^ Governor in Council; but with such consent any, such company may take and appropriate for the use of their railway and works, but not alienate, so much of the wild lands of the Crown lying on the route of the railway, as have not been granted or sold, and as may be necessary for such railway, as also so much of the public beach or of the lands 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 subsection contained, shall apply to the thirtieth and thirty-first paragraphs of the eleventh section of this act. 14-15 V, c. 51, s. 9, No. 3. 16 V., c. 169, s. 8. Carry rail- way across lands of cor- porations, and others ; Fourthly. To make, carry or place the railway across or upon the lands of any corporation or person on the line of the railway, or within the distance from such line stated in the special act, although, through error or other cause, the name of such party has not been entered in the book of reference 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 ; And across or along streams, &c,; Fifthly. To construct, maintain and work the railway across, along, or upon any stream of water, water-course, canal, high- way or railway which it intersects or touches ; but the stream, water-course, highway, canal or railway so intersected or touched, shall be restored by the company to its fonner state, or to such state as not to impair its usefulness ; Complete railway with one or more tracks, &e.; Sixthly. To make, complete, alter and keep in repair the railway with one or more sets of rails or tracks to be worked by 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- sary build- ings, whar- •ves, &c.; ^ Seventhly. To erect and maintain all necessary and conve- nient buildings, stations, depots, wharves and fixtures, and from time to time to alter, repair or enlarge the same, and to pur- chase and acquire stationary or locomotive engines and car- riages, waggons, floats and other machinery and contrivances necessary for the accommodation and use of the paissengers,. freights and business of the railway ; RAILWAYS — POWERS. 175. Eightly. To make branch railways if required and pro- Branch raii- vided by the special act, and to manage the same, and for ^'^^'^ ' that pxirpose to exercise all the powers, privileges and author- ities necessary therefor, in as full and ample a manner as for the railway ; Ninthly. To construct, erect and make all other matters and All other things necessary and convenient for the making, extending ™,i"gg'^nece^- and using of the railway, in pursuance of and according to sary for rail- the meaning and intent of this act, and of the special act ; ^"^ ! Tenthly. To take, transport, carry and convey persons and Convey per- goods on the railway, to regulate the time and manner in b°°s ^ind which the same shall be transported, and the tolls and com- way ; pensation to be paid therefor, and to receive such tolls and compensation ; Eleventhly. To borrow from time to time, either in this Pro- Borrow mo- vince or elsewhere, such sums of money as maybe expedient for "^yj &".; completing, maintaining and working the railway, and at a rate of interest not exceeding eight per cent per annum, and to make the bonds, debentures or other securities granted for the sums so borrowed, payable either in currency or in ster- ling, and at such place or places within this Province or with- out as may be deemed advisable, and to sell the same at such price or discount as may be deemed expedient, or be necessary, and to hypothecate, mortgage or pledge the lands, tolls, reve- nues and other property of the company for the due payment of the said sums and the interest thereon, but no such deben- ture shall be for a less sum than one hundred dollars ; Twelfthly. To enter into and upon any lands of Her Majesty Enter upon without previous license therefor, or into and upon the lands Her Majesty's- of any corporation or person whatsoever lying in the intended ' "' route or line of the railway ; Thvrteenthly. To make surveys, examinations, or other Make surwjys-. necessary arrangements on such lands necessary for fixing the °^ ^^"•'^s i site of the railway, and to set out and ascertain such parts of the lands as are necessary and proper for the railway ; Fourteenthly. To fell or remove any trees standing in any Remove- woods, lands or forests, where the railway passes, to the trees ; distance of six rods from either side thereof ; Fifteenthly. To cross, intersect, join and unite the railway Unite with with any other railw;ay at any point on its route, and upon ^*^"" ^^^^' the lands of such other railway, with the necessary . con- veniences for the purposes of such connection ; and the owners of both railways may unite in forming such intersection, 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 176 RAILWAYS — PLANS AND SUKVEYS. shall be determined by arbitrators to be appointed by a judge of one of the Superior Courts in Lower Canada or Upper Can- ada, as the case may be. 14-15 V., c. 51, s. 9, No. 15. See 22 v., c. 4, s. 2. 5. PLANS AND SURVEYS. Provision re- ispecting sur- veys anJ Sevels. CoutentB of lO. Plans and surveys shall follows: 14-15 v., c. 51, s. 10. be made and corrected as Kxamination •and certifi- •cate. Firstly. Surveys and levels shall be taken and made of the lands through which the railway 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 reference for the railway, 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 reference shall be examined and certiiied by the person performing the duties formerly assigned to the Surveyor General or his deputies, who shall deposit copies thereof in the office of the clerks of the peace in. the districts or counties through which the railway passes, and also in the office of the Provincial 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 of the peace, at the rate of ten cents for every hundred words ; Fourthly. The triplicates of such map or plan and book of reference 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, mistatement or erroneous description of such lands, or of the owners or occupiers thereof in any map or plan or book of reference, may, after giving ten days' notice to the owners of such lands, be corrected by two justices on application made to them for that purpose, and if it appears to them that such omission, mistatement or erroneous description arose from mistake, the justices shall certify the same accord- ingly ; Contents of Sixthly. The certificate shall state the particulars of any certificate. gu^h omission, and the manner thereof, and shall be deposited Access to ^copies. Effect of Ttriplicates, Ac. Omissions how reme- •died. RAILWAYS — PLANS AND SURVEYS. 177 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 there- upon, 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 in accordance with the certificate ; Seventhly. If any alterations from the original plan or sur- Alterations vey are intended to be made in the line or course of the rail- ^'°'^ original way, 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 sur- vey, shall be deposited in the same manner as the original plan, and copies or extracts of such plan and section so far as relate to the several districts or counties, in or through which such alterations have been authorized to be made, shall be de- posited with the clerks of such districts and counties ; Eighthly i Until such original map or plan and book of re- Railway not f erence, or the plans and sections of the alterations, have been t° be proceed- so deposited, the execution of the railway, or of the part map, &c., de- thereof affected by the alterations, as the case may be, shall not posited, be proceeded with ; Ninthly. The clerks of the peace shall receive and retain the Clerks of the copies of the original plans and surveys, and copies of the plans P^.^ce to re- and sections of alterations, and copies and extracts thereof respec- of original tively, and shall permit all persons interested to inspect any plan, Ac. 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 re- Copies certi- f erence, or of any alteration or correction thereof, or extracts ?®b*'5*'^d'^ therefrom, certified by the clerk of the peace, shall be received evidence in in all courts of justice or elsewhere as good evidence of the courts. contents thereof, and the clerk of the peace shall give such certificate to all parties interested when required ; Eleventhl/y. No deviation of more than one mile from the Line not to line of the railway or from the places assigned thereto in the t^^'*.' ™ie * said map or plan and book of reference or plans or sections, 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 ; Twelfthly. The railway may be carried across or upon the Krror in the lands of any person on the line, or within the distance from nameofaper- such line as aforesaid, although the name of such person has in a book of not been entered in the book of reference through error or reference. 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 ; 12 178 RAILWAYS — LANDS AND THEIR VALUATION. Extent of Thirteenthly. The lands which may be taken without the- taken wit^h- consent of the proprietor thereof, shall not exceed thirty yards:, out consent in breadth, except in places where the railway is raised more of proprietor, than five feet higher, or cut more than five feet 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 authorized 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 ; Extent of Fourteenthly. The extent of the public beach, or of the land to bel^eu Covered with the waters of any river or lake in this Province,, taken for the railway, shall not exceed the quantity limited in the next preceding clause. 14-16 V., c. 51, s. 10. 6. LANDS AND THEIR VALUATION. Note. — The following section is explained and made appli- cable by the act ^4 Vict., chap. 17, ss. 1 and 2, which is printed below. 11. The conveyance of lands, their valuation and the com- pensation therefor, shall be made in manner following : 14-15- v., c. 51, s. 11. Corporations, Fi/rstly. All corporations and persons whatever, tenants in &c., may con- ^^^n qj. {qj. ijfg^ greve's de substitution, guardians, curators, exe- cutors, administrators, and all other trustees whatsoever, not. only for and on behalf 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 interested in any lands, may contract for, sell and convey unto the company all or any part thereof ; and any contract, ?igreement, sale, conveyance and assurance so made, shall be valid and effectual in law to all intents and purposes whatsoever ; and the corporation or person, so conveying, is hereby indemnified for what he or it respectively does by virtue of or in pursuance of this act ; EflFect of con- Secondly. Any contract or agreement made by any party beforldewfsit authorized by this act to convey lands, and made before the de- of map. posit of the map or plan and book of reference, and before the setting out and ascertaining of the lands required for the rail- way, shall be binding at the price agreed upon for the same lands, if they are afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the mean time, have become the= RAILWAYS — LANDS AND THEIR VALUATION. 179 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 here- inafter provided, and the agreement shall be in the place of an award ; Thirdly. All corporations or persons who cannot in com- Corporatioas mon course of law sell or alienate any lands so set out and as- ^^° cannot certained, shall agree upon a iixed annual rent as an equiva- agree upon a lent, and not upon a pi-incipal sum, to be paid for the lands ; fixed rent. and if the amount of the rent is not fixed by voluntary agree- ment or compromise, it shall be fixed and all proceedings shall be regulated in the manner herein prescribed ; and for the pay- ment 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 unpaid, the railway 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 oflBice of the proper county ; Fourthly. Whenever there is more than one party proprietor A^to proprie- of any land as joint tenant or tenants in common, or par indi- ^^^ '"" ™*"- vis, any contract or agreement made in good faith with any party or parties proprietor or being together proprietoi-s 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 sucli land, or empower the entry upon the same, as the case may be ; Fifthly. After one month from the deposit of the map or After one plan and book of reference, and from notice thereof in at least ?'"'*^ j"**". one newspaper, if there be any, published in each of the dis- sit of map, tricts and counties through which the railway is intended to *^ > appijc- pass, application may be made to the owners of lands or to owner of parties empowered to convey lands, or interested in lands lands, which may suffer damage from the taking of materials or the exercise of any of the powers granted for the railway, 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 ascertained, as may seem expe- dient 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 : Sixthly. The deposit of a map or plan and book of rcr Deposit, &c., ference, and the notice of such deposit, shall be deemed a gen- *" ^.^ general eral notice to all such parties as aforesaid of the lands which will be required for the said railway and works ; 180 RAILWAYS — LANDS AND THEIR VALUATION. Notice to op- Seventhly. The notice served upon the party shall contain : posite party. 1. A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describing 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, disinter- ested in the matter, and not being the arbitrator named in the notice : 1. That the land, if the notice relate to the taking of land, shewn 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 compen- sation for the land, and for the damages as aforesaid. If the party Eighthly. If the opposite party is absent from the district or unkaowa ""^ county in which the lands lie, or is unknown, then, upon ap- plication to a judge of the Circuit Court, or of the County Court, as the case may he, 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 ascer- tained, 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 published in the said district or county ; Party not ac- Ninthly. If within ten days after the service of such notice, compaaV'^'' or within one month after the first publication thereof as afore- ofifer, and not said, the opposite party does not notify to the company his appointing acceptance of the sum offered by them, or 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 determining the compensation to be paid as aforesaid ; Appointment Tenthly. If the opposite party within the time aforesaid, by opposite'^ notifies to the company the name of his arbitrator, then the party. two arbitrators shall jointly appoint a third, or if they cannot agree upon a third, then the judge shall, on the application of the party or of the company (previous notice of at least one Third arbitra- clear day having been given to the other party), appoint a third **"'• arbitrator ; RAILWAYS — LANDS AND THEIR VALUATION. 181 Eleventhly. — The arbitrators, or any two o£ them, or the sole Duties of ar- arbitrator, being sworn before some justice of the peace for bitrators. 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 way 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 arbitrator, 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 lias 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 arbi- trator appointed by him, or whose appointment he required ; Ticelfihly. If in any case where three arbitrators have been Costs how- appointed, the sum awarded is not greater than that offered, P*^**^- 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 they may, if not agreed upon, be taxed by the judge aforesaid ; Thirteenthly. The arbitrators, or a majority of them, or the Arbitrators sole arbitrator, may examine on oath or solemn affirmation the ^^oatiT™'''^ parties, or such witnesses as voluntarily appear before him or them, and may administer such oath or affirmation ; and any wilfully false statement made by any witness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly ; Fov/rteenthly. The judge by whom any third arbitrator or Time within 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 con- sent of the parties or by the order of the judge (as it may be for reasonable cause shewn, on the application of such sole arbitrator or of one of the arbitrators after one clear day's notice to the others), then, the sum offered by the company as aforesaid, shall be the compensation to be paid by them ; Fifteenthly. If the arbitrator appointed by such judge, or Arbitrator if any arbitrator appointed by the parties, dies before the ''.>''°S' *'^" 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 otherwise of such death, disqualification, refusal or failure, may appoint another arbitrator in his place, and the company and party respectively may each appoint an arbitrator in the place of his arbitrator deceased or otherwise not acting as aforesaid, but no recom- which award mujitbemade. 182 RAILWAYS — LANDS AND THEIR VALUATION. Company may desist, paying costs. Arbitrators not disquali- fied unless personally interested. mencement or repetition of prior proceedings shall be required in any case ; Sixteenthly. Any such notice for lands, as aforesaid, may be desisted from and new notice given, with regard to the 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 ; 'SeventeentJdy. The surveyor or other person offered or ap- pointed as valuator or as arbitrator, shall not be disqualified by reason that he is professionally employed by either party, or that he has previously expressed an opinion as to the amount of compensation, or that he is related or of kin to any member of the company, provided he is riot himself personally interested in the amount of the compensation ; and no cause of disquali- fication 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 ; No objection Eighteenthly. No cause of disqualification shall be urged after'^a third against any arbitrator appointed by the company or by the arbitrator has opposite party after the appointment of a third arbitrator ; and been appoint- ^j^^ validity or invalidity of any cause of disqualification urged against any such arbitrator, before the appointment 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 determined to be valid, the ap- pointment shall be null, and the party offering the person so adjudged to be disqualified, shall be held not to have appointed an arbitrator : Award? not JSfineteenthly . No award made as aforesaid shall be invalid- vranfof forin. ^-t^d from any want of form or other technical objection, if 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 com- pensation ; nor shall it be necessary that the party or parties to whom the sum is to be paid, be named in the award ; Possession Twentiethly . Upon payment or legal tender of the compen- Sfpaymentor sation or annual rent so awarded or agreed upon as aforesaid tender, &c., to the party entitled to receive the same, or upon the deposit of sum award- ^f ^j^g amount of such Compensation in the manner hereinafter mentioned, the award or agreement shall vest in the said com- pany the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensa- tion 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 awai-d or agreement, issue his warrant to the sheriff of ed. RAILWAYS— LANDS AND THEIR VALUATION. J83 the district 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 ; Twenty -firstly. Such warrant may also be granted by any When war- such judge, without such award or agreement, on affidavit to ^^^\ °^ P°^' his satisfaction that the immediate possession of the lands or of iggae before the power to do the thing mentioned in the notice, is necessary award. to carry on some part of the said railway with which the said ^company are ready forthwith to proceed ; and upon the said . -company giving security to his satisfaction, and in a sum which Security shall not be less than double the amount mentioned in the being first notice, to pay or deposit the compensation to be awarded within posit compen- -one month after the making of the award, with interest from sation. the time at which possession is given, and with such costs as may lawfully be payable by the company ; Twenty -secondly. The compensation for any lands which When com- might be taken without the consent of the proprietor, shall ^^an^^n'Jhe' stand in the stead of such- lands ; and any claim to or incum- place of the brance upon the said lands, or any portion thereof, shall, as ^^nd. against the company, be converted into claim to the compen- sation, or to a like proportion thereof, and they shall be re- sponsible accordingly whenever they have paid such compen- . sation, or any part thereof, to a party not entitled to receive the same, saving always their recourse against such party ; Twenty -thirdly. If the company has reason to fear any claims as to incum- or incumbrances, or if any party to whom the compensation or brances, &c., •annual rent, or any part thereof is payable, refuses to execute &c.^ par. ' the proper conveyance and guarantee, or if the party entitled chased or to claim the same cannot be found, or is unknown to the com- *^ ^" '" ' ' pany, or if for any other reason the company deems it advis- .able, 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 conveyance, 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 ; Twenty -fouHhly. A notice, in such form and for such time what notice as the said court appoints, shall be inserted in some newspaper, to be pub- 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 en- titled 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 184 RAILWAYS— LANDS AND THEIR VALUATION. claims shall be received and adjudged upon by the court, and". the said proceedings 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 justice, and according to the provi- sions of this act, and the special act and to law, appertain ; By whom Ttventy -fifthly. The costs of the proceedings, or any part costs to be thereof, shall be paid by the company, or by any other party as the court deem it equitable to order ; When interest Twenty -sixthly. If such order of distribution as aforesaid be to o/p^d°by obtained in less than six months from the payment of the com- the company, pensation into court, 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 to the proper claimants the interest for such further period as may be right ; Case in which Twenty -seventhly. If the lands so taken are situate in Lower - tuate^in'^L^'c Canada, and if the company have reason to fear any such and company claim, mortgage, hypothec or incumbrance, or if any party to have reason -whom the compensation or annual rent, or any part thereof, is to fear lucum- i i j? j. x i.i_ ^ / brances, pro- payable,reiuses to execute the proper conveyance and guarantee,. Tided for. 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 con- veyance, 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 thereupon 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 ; Effect of a Twenty -eighthly. Such judgment of confirmation shall for conlnnation ®^^^ ^^^ ^^^ claims to the land, or any part thereof (including dower not yet open), as well as any mortgage, hypothec or in- cumbrance upon the same ; and the court shall make such order for the distribution, payment or investment of the compensa- RAILWAYS — HIGHWAYS AND BRIDGES. 185'< tion, and for the security of the rights of all parties interested, as to right and justice, and the special act, and according to the provisions of this act and to law, shall appertain ; Twenty -ninthly. The costs of the said proceedings, or any part By whom costs- thereof, shall be paid by the company, or by any other party, *° ^^ P^"^' as the court deem it equitable to order ; and if judgment of confiiination be obtained in less than six months from the pay- ment of the compensation to the prothonotary, the court shall direct a proportionate part of the interest to be returned to the Interest. company, and if from any error, fault or neglect of the com- pany, it is not obtained until after the six months have ex- pired, the court shall order the company to pay the protho- notary the interest for such further period as may be right ; Thirtiethly. If the railway passes through any land be- The ease of longing to or in possession of any tribe of Indians in this F'^'^^*y pass- Province, or if any act occasioning damage to their lands be Indian lands done under the authority of this act or the special act, com- provided for.. pensation shall be made to them therefor, in the same manner as is provided with respect to the lands or rights of other individuals ; and whenever it is necessary that arbitrators should be chosen by the parties, the chief officer of the Indian Department within this Province, is hereby authorized and re- quired 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 As t© lands to occupy any part of the lands belonging to the Queen, p*g°^^a-"^/"* reserved for naval or military purposes, they shall first apply &c. for and obtain the license or consent of Her Majesty, under the hand and seal of the Governor, 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 purposes of the railway ; but in the cage of any such naval oi* military reserves, no such license or consent shall be given, except upon a report first made thereupon by the naval or military authorities in which such lands are for the time being vested, approving of such license and consent being so given as aforesaid. 14-15 V., c. 51, s. 11. 7. HIGHWAYS AND BRIDGES. 12. The highways and bridges shall be regulated as follows : 14-15 v., c. 51, s. 12. Firstly. The railway shall not be carried along an existing Railway nor highway, but merely cross the same in the line of the railway, a°o'nVanr**' unless leave has been obtained from the proper municipal highway authority therefor ; and no obstruction of such highway with without leave- the works shall be made without turning the highway so as to 186 RAILWAYS — FENCES. •from munici- leave an open and good passage for carriages, and, on com- tSs.^'^'''""' pletion o£ the works, replacing the highway, under a penalty of not less than forty dollars for 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 ; Railway not Secondly. No part of the railway which crosses any high- lhaTone*irH!h '^^Y without being carried over by a bridge, or under by a .above level of tunnel, shall rise above or sink below the level of the highway ^^eiTcfoss- "^^^^ ^^^'^ °^® ^'^^^ ; ^^'l *^^ railway may be carried across or ing the same, above any highway within the limits aforesaid ; Height and breadth of "bridge over highways. -Ascent of 'bridges. Precautions ■when railway -crosses a (highway. 'Thirdly. The space of the arch of any bridge erected for carrying the railway over or across any highway shall at all times be, and be continued of the ,open and clear breadth 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 highway over any railway shall not be more than one foot in twenty feet increase over the natural ascent of the highway ; and a good and sufficient 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 at a level by any railway, shall be erected and kept up at each crossing at such height as to leave sixteen feet from 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. "fences to be •■erected on -each side of railway. "Meaning of ■■certain sworda. 13. Fences shall be erected and maintained on each side of the railway, of the height and strength of an ordinary division fence, with openings, or gates, or bars therein at farm crossings of the road, for the use of the proprietors of the lands ad- joining the railway ; and also cattle guards at all road cross- ings, suitable and sufficient to prevent cattle and animals from getting on the railway. 14-15 V., c. 51, s. 13. 14. The said words " openings, gates or bars," shall be held to mean and shall in all cases imply sliding gates commonly 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 RAILWAYS— TOLLS. 187 compensation from the railway companies, for having omitted the erection of such gates before the tenth of June, one thou- sand eight hundred and forty-seven, nor shall it in any way affect or apply to any railway constructed or in part con- structed, on the tenth of June, one thousand eight hundred and forty-seven, but the same shall apply only to such railways as may be constructed or commenced after that day. 20 V., c. 35, s.1. 15. Until such fences and cattle guards are duly made, the Liability of company shall be liable for all damages which may be done by t°i™^tt"^ "°" their trains or engines to cattle, horses or other animals on the guards erect- railway. 14-15 v., c. 51, s. 13. ed. 16. After the fences or guards have been duly made, and When to be while they are duly maintained, no such liability shall accrue ^'^^'"Pts'J- for any such damages, unless negligently or wilfully done. 14- 15 v., c. 51, s. 13. IT. If any person rides, leads or drives any horse or other Persons pro- animal upon such railway, and within the fences and guards, on'ihe^tfack^ other than the farm crossings, without the consent of the com- &c., with pany, he shall for every such offence forfeit a sum not exceed- <'"tl^i *<=• ing 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 employed Oi' wallcing 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. 19. Within six months after any lands have been taken for Dividing and the use of the railway, and if thereunto required by the pro- lands^for fail- prietors of the adjoining lands respectively, but not otherwise, way from the company shall, at their own costs and charges, set and {'a„fg''°"'^'"^ make on the lands so taken, and from time to time, maintain, support and 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 separate, and keep constantly divided and separated such lands from the lands or grounds adjoining thereto. 14-15 V., c. 51, s. 13, No. 2. 9. TOLLS. 20. Tolls shall be from" time to time fixed and regulated by Tolls to be the by-laws of the company, or by the directors, if thereunto ^^^^ ^y ^J- -^ Irws or otncr™- authorized by the by-laws, or by the shareholders at any gen- -^vise. eral meeting, and may be demanded and received for all pas- sengers and goods transported upon the railway or the steam vessels to the undertaking belonging, and shall be paid to such persons and at such places near to the railway, in such manner and under such regulations as the by-laws direct. 14-15 V., c. 51, s. 14. 188 RAILWAYS — TOLLS. rpa_ of tolls- enforced. 21. In case of denial or neglect of payment on demand of any such tolls, or any part thereof, to such persons, the 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. 15, s. 14. When if tolls . not paid, goods dis- trained may lie sold. 22. If the tolls are not paid within six weeks, the company may sell the whole or any part of such goods, and out of the money arising from such sale retain the tolls payable, 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. When goods distrained or detained may be sold. 23. If any goods remain in the possession of the company unclaimed for the space of twelve months, the company may thereafter, and on giving public notice 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 V., c. 51, s. 14. How balance to be disposed of. 24. In default of such balance being claimed before the ex- piration of the period last aforesaid, the same shall be paid over to the Receiver General, to be applied to the general purposes of the Province, until claimed by the party entitled thereto. 14-15 v., c. 51, s. 14. Tolls— how 25. All or any of the tolls may, by any by-law, be reduced dnced."""^ '^^' ^^^ again raised as often as deemed necessary for the interests of the undertaking ; provided that the same tolls shall be pay- able at the same time and under the same circumstances upoa all goods and by all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any by-laws relating to the tolls. 14-15 V., c 51, s. 14. A fraction of a mile to be considered as a whole one in charging tolls. 26. In all cases, a fraction in the distance over wliich goods or passengers are transported on the railway shall be con- sidered as a whole mile ; and for a fraction of a ton in the weight of any goods, a proportion of the tolls shall be demanded and taken, according to the number of quarters of a ton con- tained 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. 51, s. 14. RAILWAYS — GENERAL MEETINGS — DIRECTORS, &C. 18& 27. The directors shall, from time to time, print and stick Table of tolls •up, or cause to be printed and stuck up, in the office, and in all ™']n o*^ges and every of the places where the tolls are to be collected, and and oars. 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. 28. No tolls shall be levied or taken until approved of by Tolls to be tlie Governor in Council, nor until after two weekly publica- ty^thTGover- tions in the Canada Gazette of the by-law establishing such nor. tolls, and of the order in council approving thereof. 14-15 V., c 51, & 14. See 10-11 V., c. 63, s. 14. 29. Every by-law fixing and regulating tolls shall be subject TheQovemor to revision by the Governor in Council from time to time, after wJa^Ifeing approval thereof as aforesaid ; and after an order in council, tolls. 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 substituted for those mentioned in the by-law so long as the order in council remains unre- voked. 14-15 v., c. 51, s. 14. 10. GENERAL MEETINGS. SO. The shareholders may assemble together at general Shareholders meetings for purposes connected with or belonging to the un- "^^^j meet^^" dertaking, and at any annual general meeting, and may elect ings. directors in the manner provided by the next succeeding clause. ■ 14-15 V., c. 51, s. 15. 11. PRESIDENT AND DIRECTORS— THEIR ELECTION AND DUTIES. 31. A board of directors of the undertaking to manage its Board of dl- affairs, the number whereof shall be stated in the special act, rectors. shall be chosen annually by a majority of the shareholders 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 V., c. 51, s. 16. 32. On the day so notified, no person shall be admitted to Who entitled vote 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 V., c. 51, s. 16. 33. Vacancies in the board of directors shall be filled in Vacancies the manner prescribed by the by-laws. 14-15 V., c. 51, s. 16. \[:^Jl^^ No person shall be a director unless he is a stockholder, ^^\^^^^l owning stock absolutely in his own right, and qualified to vote director. 190 RAILWAYS — PRESIDENT, DIRECTORS, &C. for directors at the election at which he is chosen. 14-15 V.,, c. 51, s. 16. Calling of 35. The method of calKng general meetings, and the time general meet- and place of the first meeting of stockholders for the appoint- ^ ' ■ ment of directors, shall be determined and settled in the special act. Ibid. Votes to be 36. The number of votes to which each shareholder shall be in proportion entitled on every occasion when the votes of the 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. Ibid. Shareholders ST. All shareholders, whether resident in this Province or may vote by elsewhere, may vote by proxy, if they see fit ; provided that pioxy. such proxy produce, from his constituent, an appointment 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 proposed at any meeting of the shareholders of the said company, or any of them, in such manner as he, the said ,. thinks proper. In witness whereof, I have hereunto set my hand and seal, the day of , in the year . Ibid. Vot^s by 38. The votes by proxy shall be as valid as if the prineipatis valfi! '" ^ ^^^ voted in person ; and every matter or thing proposed or considered in any public meeting of the shareholders shall be determined by the majority of votes and proxies then pi^esent and given, and all decisions and acts of any such majority shall bind the company, and be deemed the decisions and acts of the company. Ibid. Term of office 39. The directors first appointed, or those appointed in their of directors, g^jg^^^ {^i case of vacancy, shall remain in oflSce until the 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 ensuing year, and generally to transact the business of the company. Ibid. Vacancies 40. In Case of the death, absence or resignation of any of ow supp le . j.jjg directors, others may be appointed in their stead by the surviving directors; but, if such appointment be not made, such death, absence or resignation shall not invalidate the acts of the remaining directors. Ibid. President. 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,. RAILWAYS — PRESIDENT, DIRECTORS, &C. 191i who shall always, when present, be the chairman of and preside at all meetings of the directors, and shall hold his office until he ceases to be a director, or until another president has been elected in his stead ; and they may in like manner Vice-presi- elect a vice-president, who shall act as chairman in the absence <^^"*- of the president. Ibid. 4t2. The directors at any meeting at which not less than a Quorum. 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. Ibid. 43. The act of a majority of a quorum of the directors pre- Acts of majo- sent at any meeting regularly held, shall be deemed the act of ^i^y to bind the directors. Ibid., s. 16, No. 7. 44. No director shall have more than one vote at any meet- Casting vote.. ing except the chairman, who shall, in case of a division of equal numbers, have the casting vote. Ibid. 45. The directors shall be subject to the examination and Directora to control of the shareholders at their annual meetings, and be ^f ^"e h^*idets Subject to all by-laws of the company, and to the orders and and by-laws. directions from time to time made at the annual or at any special meetings, such orders and directions not being contrary to any express directions or provisions of this act or the special act. Ibid. 46. No person holding any office, plojce or einployment in oiS-cers of or being concerned or interested in any contracts under or with company can- the company, shall be capable of being chosen a director, or re°ctors. ^" 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, interested in any contract with the company, not relating to the purchase of land necessary for the railway or be or become a partner of any contractor with the company ; and no contracts 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 therefor, given for at least four weeks in some newspaper published in the place nearest to the work required to be done ; but no company 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 effect, by or on behalf of any di- rector, an action shall lie in any court of common law, or other court of competent jurisdiction against such director, at the suit of any shareholder or stockholder of the company, for the benefit of the funds thereof, for the whole amount of profit ac- cruing 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. 192 RAILWAYS — CALLS. By-law3 for ananagement of stock, &o. 4T. The directors shall make by-laws for the management and disposition of the stock, property, business and affairs of the company, not inconsistent with the laws of this Province, and for the appointment of all officers, servants and artificers, and prescribing their respective duties. Ibid., s. 16, No. 9. 12. CALLS. Calls. 48. The directors may from time to time make such calls of money upon the respective shareholders, in respect of the amount of capital respectively 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. Ifotice of 49. All notices of meetings or of calls upon the shareholders imeetings how of the company shall be published weekly in the Canada Gazette, and the said gazette shall, on production thereof, be conclusive evidence of the sufficiency of such notices. Ibid., No. 24. Payment of 50. Every shareholder shall be liable to pay the amount of calls how to the call so made in respect of the shares held by him to the persons and at the times and places from time to time ap- pointed by the company or the directors. Ibid., No. 10. •unpaid calls. Interest to be 51. If before or on the day appointed for payment, any MMald^caUs*" shareholder does not pay the amount of the call, Jtie shall be 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. Ibid., No. 11. Amoant of "Call may be arecovered by .-suit. 52. If at the time appointed for the payment of any call, any shareholder fails to pay the amount of the call, he may be sued for the same, in any court of law or equity having competent jurisdiction, and the same may be recovered with lawful interest from the day on which the call became payable. Ibid., No. 12. ' 58. In any action or suit to recover any money due upon any call, it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the defendant is the 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 and amount of each of such calls, whereby an action hath accrued to the company by virtue of the special act. Ibid., No. 13. Oertificate of 54. The certificate of proprietorship of any share shall be proprietor- admitted in all courts, as prvmd facie evidence of the title of "What forma- lities neces- sary in ac- tions for ■calls. RAILWAYS — CALLS. 19S any shareholder, his executors, administrators, successors or ship prints -assigns, to the share therein specified. Ihid., No. 14. dTnce^'" 55. But the want of such certificate shall not prevent the When no holder of any share from disposing thereof. Ibid., No. 14. certificate. 56. Any persons neglecting or refusing to pay a rateable Penalty for •■share of the calls as aforesaid, for the space of two months ^^j"^*' '° ^^^ after the time appointed for the payment thereof, shall forfeit their respective shares in the undertaking, and all the profit -and benefit thereof ; all which forfeitures shall go to the com- pany for the benefit thereof. Ibid., No. 15. ^ 57". No advantage shall be taken of the forfeiture, unless Forfeiture of "the same is declared to 'be forfeited at a general meeting of ?^*™ *° i"* the company, assembled at any time after such forfeiture tage of only incurred. Ibid., No. 16. at a general meeting. 58. Every such forfeiture shall be an indemnification to Effect of for- -and for every shareholder so forfeiting against all actions, f?'*""'.®.*^ *" . . ■' . . , , ° 1° i 1 J? liabilities, suits or prosecutions whatever, commenced or prosecuted tor -any breach of contract or other agreement between such share- holder and the other shareholders with regard to carrying on the undertaking. Ibid., No. 16. 59. The directors may sell, either by public auction or Directors may private sale, and in such manner and on such terms as to them ^^^ forfeited -seem meet, any shares so declared to be forfeited, and also tion.^^ ya«c- any shares remaining unsuteferibed for in the capital stock of the cothpany, or pledge such ro'rfeited or unsubscribed shares /for the payment of loans or advances made or to lie made thereon, or of any sums of money borrowed or advanced by or to the company. Ibid., No. 17. 60. A certificate of the treasurer of the company that the Certificate of forfeiture of the shares was declared, shall be sufficient evidence ]^™eviden*° -of the fact, and of their purchase by the purchaser, and such of forfeiture certificate with the receipt of the treasurer for the price of and of title. 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 pur- chasers, and shall be entered in the books required to be kept by the bylaws of the company, and such purchaser shall thereupon be deemed the holder of 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. Ibid., No. 18. 61. Shareholders willing to advance the amount of their Interest may .shares, or any part of the money due upon the respective shares shareholders " beyond the sums actually called for, may pay the same, and paying money upon the principal moneys so paid in advance, or so much 13 194 RAILWAYS — CALLS. in advance on. their shares. 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 in- terest 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 subscribed. Ibid., No. 19. Direetora to cause annual accounts to be kept. 62. The directors shall cause to be kept, and annually on the thirty-first day of December shall cause to be made up and balanced, a true, exact and particular account of the money col- lected 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 expenditures of the company or the directors. Ibid., No. 20. Declaration of dividend. 63. At the general meetings of the shareholders of the un- dertaking, from time to time holden, a dividend shall be made out of the clear profits of the undertaking, unless such meet- ings declare otherwise. Ibid., No. 20. At so much per share. Dividends not to impair the capital. 64. Such dividend shall be at and after the rate of so much per share upon the several shares held by the shareholders in the stock of the company, as such meeting think fit to appoint- or determine. Ibid., No. 20. 65. No dividend shall be made whereby the capital of the compp,ny is in any degree reduced or impaired, or be 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. Ibid., No. 20. Directors may pay interest on sums call- ed up in re- spect of shares. 66. The directors may, in their discretion, until the rail- road is completed and opened to the public, pay interest at any rate not exceeding six dollars per hundred dollars per annum, on all sums called up in respect of the shares, from the respec- tive 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. Ibid., No. 21. No interest on shares in arrear. May appoint officers. 67. No inteirest shall accrue to the proprietors of any share upon which any call is in arrear in respect of such shares or any other share to be holden by the same shareholder while such call remains unpaid, nor shall any interest be paid or taken from the capital subscribed. Ibid., No. 21. 68. The directors shall from time to time appoint such offi- cers 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 ac- counting by them respectively of the moneys raised by virtue ' RAILWAYS— SHARES AND TRANSFERS, &C. 195 of this act and the special act, and for the faithful execution of their offices, as the directors think proper. Ibid., No. 22. 6&. In case of the absence or illness of the president, the Vice-prcsi- vice-president shall have all the rights and powers of the ?^°* ^ "* ^^ president, and may sign all notes, bills, debentures and tiie president. other instruments, and perform all acts which by the regula- tions and by-laws of the company or by the acts incorpo- rating the company are required to be signed, performed and done by the president. Ibid., No. 23. TO. The directors may at any meeting require the secretary Absence of to enter such absence or illness among the proceedings of such iP^®|J^^*"*"^J" meeting, and a certificate thereof signed by the secretary shall the minutes, be delivered to any person or persons requiring the same on ^"^ certified, payment to the treasurer of one dollar, and "such certificate shall be taken and considered as primd facie evidence of such absence or illness, at and during the period in the said certif- icate mentioned, in all proceedings in courts of justice or other- wise. 14-15 v., c. 51, s. 16. No. 23. 13. SHARES AND THEIR TRANSFER. Tl. Shares in the undertaking may, by the parties, be .sold SiiareboidcFS and disposed of by instrument in writing, to be made in du- ^lYhaier*^* plicate, 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 delivered, filed and entered. 14-15 v., c. 51, s. 17. TS. Sales shall be in the form following, varying the names P'orm of sale. and descriptions of the contracting parties, as the case may require : I, A. B., in consideration of the sum of , paid to me by C. 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 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 company shall be deemed personal Stoct tt> be estate, but no shares shall be transferable until all previous P^i'sonal es- calls thereon have been fully paid in, or the said shares have 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. 17. 196 RAIL WAYS — MUNICIPALITIES. Transmission T4. If any share in the company be transmitted by the death, other^than bv t)ankruptcy Or last will, donation or testament, or by the in- transfer, pto- testacy o£ any shareholder, or by any lawful means other than vided for. ^jjg transfer hereinbefore mentioned, the party to whom such share is so transmitted, shall deposit in the office of the com- pany 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 en- titled to receive any share of the profits of the company, nor vote in respect of any such share as the holder thereof. 14- 15 v., .c. 51, s. 17. 14. MUNICIPALITIES. Municipai corporations may take stock. TS. Municipal corporations in this Province may subscribe for any number of shares in the capital stock of, or lend to or guarantee the payment of any sum of money borrowed by the company from any corporation or person, or endorse or gua- rantee the payinent of any debenture to be issued by the com- pany 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 respecti- vely, not less than twenty dollars, and bearing or not bearing interest, as such municipal corporation thinks meet. 14-15 v., c. 51, s. 18. Debenta.cs issued b^ them to be binding. TC Any such debenture issued, indorsed or guaranteed, shall be valid, and binding upon the municipal corporation, if signed or indorsed, and countersigned by the officer or 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. 7*7. No municipal corporation shall subscribe for stock or incur any debt or liability under this act or the special act, unless and until a by-law to that effect has been duly made, made for that g^^^j adopted with the consent first had of a majority of the purpose. qualified electors of the municipality, to be ascertained 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. They cajinot subscribe for stock unless by-laws are RAILWAYS — SHAREHOLDERS — ACTIONS, &C. 197 T8. The mayor, warden or reeve, being the head of such -Mayor. &c., jaaunicipal corporation, subscribing for and holding stock in ]^^fJctof\T the company, to the amount of twenty thousand dollars, or certain cases. upwards, shall be ex-offi.cio one of the directors of the company, in addition to the number of directors authorized by the special act, and shall have the same rights, powers and duties as any of the directors of the company. 14-15 V., c. 51, s. 18. 79. No such mayor, warden, reeve or other chief officer Mayor, &c., or other person representing any municipality having or taking ?"*?." ^''"'" stock in any railway company shall, directly or indirectly, ot'companies vote on the election or appointment of the private directors of iiuorporated any railway company incorporated previous to O]- during jun^^jg^V. the session held in the sixteenth year of Her Majesty's reign, unless fhe special act of incorpoi-ation of such company expressly provides therefor. 16 V., c. 169, s. 5. 15. SHAREHOLDERS. 50. Each shareholder shall be individually liable to the Sbareholders creditors of the company to an amount equal to the amount ^{{^^l^ °^ ^ unpaid on the stock held by him, for the debts and liabilities 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 unsatisfied in whole or in part, and the amount due on such execution shall be the amount recoverable with costs against such share- holders. 14-15 v., c. 51, s. 19. 51. The original capital stock may be increased from time stock may be to time to any amcnmt, but such increase must be sanctioned ">creased. by a vote, in person or by proxj^, of at least two-thirds in amount of all the shareholders, at a meeting of them expressly 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 nearest to his place of residence, at least twenty days previous to such meeting, stating the time and place and object of the meeting, and the amount of increase, and the proceedings of such meeting, must be entered on the minutes of the proceedings, and there- upon, the capital stock may be incre?ised 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 Company not the purchase of any stock in their own or in any other com- Jo *^|5erTom- pany. 14-15 V., c. 51, s. 19. panies. 16. ACTIONS FOR INDEMNITY, AND FINES AND PENALTIES AND THEIR PROSECUTION, 83. All suits for indemnity for any damage ov m^vAj ^^^^^^^f^ ""^ sus ained by reason of the railway, shall be instituted within (jajaages. 198 RAILWAYS —ACTIONS FOE INDEMNITY, &C. 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 there- upon, and may prove that the same was done in pursuance of ' and by authority of this act and the special act. 14-15 V., c. 51, s. 20. Penalty oa 84. Every person who, by any means or in any manner or suuctine'fiee ^^y 'w^h^tsoever, obstructs or interrupts the free use of the use of rail- railway, or the carriages, vessels, engines or other works in- ^*y- cidental or relative thereto, or connected therewith, shall 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 Provin- cial Penitentiary, for a term not to exceed five years. 14-15 v., c.,51,s. 20. Penalty on 85. All persons wilfully and maliciously, and to the pre- persons dam- ju,jigg of the railway, breaking, throwing down, damaging or way. destroying the same or any part thereof, or any of the buildings, stations, depots, wharves, vessels, fixtures, machinery or other works or devices incidental and relative thereto, or connected therewith, or doing any other wilful hurt or mischief, or wilful- ly or maliciously obstructing or interrupting the free use of the railway, vessels or works, or obstructing, hindering or pre- venting the carrying on, completing, supporting and main- taining the railway, vessels or works, shall be guilty of a misdemeanor, unless the otfence committed amounts, under some other act of 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 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 V., c. 51, s. 20. Fines how re- 86. All fines and forfeitures imposed by this act or the covered. special act, or by any by-law, the levying and recovering of which are not particularly herein directed, shall, upon proof of the ofl\jnce before any one or more justice or justices 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 affirma- tion of any one credible witness, to be administered 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 justices. 14-15 V., e. 61, s. 20. Howapplic- 87. All fines, forfeitures and penalties, the application able. wheteof 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 RAILWAYS — ACTIONS — BY-LAWS— NOTICES, &C. 1^9 -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. 88. In case sufficient goods and chattels whereof to levy when party the penalty and expense, are not found, the offender shall be ™?y ^« com- sent to the common gaol for the county or district in which ™' * ' he has been convicted, there to remain without bail or main- prize, 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. 8S. Every such person or persons may, within four months Appeal, iafter the conviction, appeal against the same to the Court of General Quarter Sessions, to be holden in and for the county •or district. 14-15 V., c. 61, s. 20. OO. All contraventions of this act or of the special act, by Oontraven- the company or by any other party, for which no punishment *'"l°£^*^t^ -or penalty is herein provided, shall be a misdemeanor, and shall be a mia'de- be punishable accordingly ; but such punishment shall not meanor. 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 v., c. 51, s. 20. 17. BY-LAWS — NOTICES, &C. 91. All by-laws, rules and orders regularly made, shall By-laws to be be put into writing and signed by the chairman or person f^g^nd"^"*" presiding at the meeting at which they are adopted, and shall signed by be kept in the office of the company ; and a printed copy of so chairman. 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 presi- dent 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 submitted By laws to be irom time to time to the Governor for approval. 14-15 V., c. ^^^^^l^ *° .51, s. 20. 9S. Copies of the minutes of proceedings and resolutions Copies of mi- of the shareholders of the company, at any general or special °",^a>]j> meeting, and of the minutes of proceedings and resolutions of evidence, the directors, at their meetings, extracted from the minute-books kept by the secretary of the company, and by him certified to he true copies, extracted from such minute-books, shall he prima 200 RAILWAYS — WORKING THE ROAD. Notices by se- cretary, va- lid. facie evidence of such proceedings and resolutions in all courts-- of civil jurisdiction. Ibid., No. 7. 94. All notices given by the secretary o£ the company, by order of the directors, shall be deemed notices by the directors - and company. 14-15 V., c. 51, s. 20. No. 7. 18. WORKING OF THE RAILWAY. Servants to wear badges. Trains to start at regu- lar hours. 95. Every servant of the undertaking employed in a passen- ger 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- fixed by public notic^, and shall furnish sufficient accommo- dation for the transportation of all such passengers and goods as are within a reasonable time previous thfereto offered for trans- portation at the place of starting, and at the junctions of other- railways and at usual stopping places established for receiving; and discharging way-passengers and goods from the trains^ 14-15 v., c. 51, s. 21. Passengers 9'7. Such passengers and goods shall be taken, transported be'cafried on ^^^ discharged, at, from, and to such places, on the due pay- payment of ment of the toll, freight or fare legally authorized therefor, fare or 14.15 y., c. 51, S. 21. ireignt. The company 98. The party aggrieved by any neglect or refusal in the' el*'ct'o^r"re"u' premises, shall have an action therefor against the company.. faL 14-15 v., c. 51, s. 21. Checks to be 9«>. Checks shall be affixed by an agent or servant to every cell °° '^^^' 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. 100. 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 be mv'n behalf*!" * witness in any suit brought by him against the company, ta. prove the contents and value of his baggage not delivered to- him. 14-15 v., c. 51, s, 21, RAILWAYS — WOEKING — GENERAL PROVISIONS. 201 102. The baggage, freight, merchandize or lumber cars shall Baggage cars not be placed in rear of the passenger cars, and if any such be ""aVof pVs- so placed, the officer or agent directing or knowingly suffering senger cars. such arrangement, and the conductor of the train, shall sever- ally be guilty of a misdemeanor, and be punished accordingly. 14-15 v., col, s. 21. 103. Every locomotive engine shall be furnished with a bell Locomotives of at least thirty pounds weight, or with a steam whistle. 14- ^° gt^a^*^*^^^' 15 v., c. 51, s. 21. whistles. 104. The bell shall be rung, or the whistle sounded at the To be rung or distance of at least eighty rods from every place where the eyery cto^ss- railway crosses any highway, and be kept ringing or be ing,"&c. 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. 14-15 V., c. 51, s. 21. 105. All persons in charge of a locomotive engine, or acting intoxication as the conductor of a car or ti-ain of cars, who is intoxicated, of conductor as shall be deemed guilty of a misdemeanor. 14-15 V., c. 51, s. 21. lOO. Any passenger refusing to pay his fare, and his bag- Passenger gage, may, by the conductor of the train and the servants of p^*^ f^^f ^ay the company, be put out of the cars, at any usual stopping be put out.. place, or near any dwelling house, as the conductor elects, the conductor first stopping the train and using no unnecessary force. 14-15 V., c. 51, s. 21. lOT. Any passenger injured while on the platform of a car, Passengers to or on ajfiy baggage, wood, or freight car, in violation of the j'^ifiured *"" printed regulations posted up at the time in a conspicuous place when on plat- inside of the passenger cars then iii the train, shall have no *°'''" °^ ^^^^^ claim for the injury, 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 execu- Company not tion of any trust, whether express, implied or constructive, to to executi^^^ which any of the shares may be subject ; and the receipt of the of trusts. party in whose name any share stands in the books of the com- pany, or if it stands in the name of more parties than one, the receipt of one of the parties named in the register of share- holders shall from time to time be a sufficient discharge to the company for any dividend or other sum of money payable in respect of the share, notwithstanding any trust to which the 202 RAILWAYS — GENERAL PROVISIONS. Provision as to the car- iriage of Her Majesty's .mail, &c. 'Governor vmay require use of tel- •egraph, &c. Legislature may make further provisions. - Account of ^names and residence of :: shareholders "to be kept. 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 application of the money paid upon such receipts. 14-15 V., c. 51, s. 22. 109. Her Majesty's mail, Her Majesty's naval or military forces or militia, and all artillery, ammunition, provisions or other stores for their use, and all policemen, constables and others travelling on Her Majesty's service, shall at all times, when thereunto required by Her Majesty's Provincial Post- master General, 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 Governor in Council makes. 14-15 V., c. 51, s. 22,-12 v., c. 28, s. 1. no. 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 exclu- sive use of the Government, receiving thereafter reasonable compensation for such service. 14-15 V., c. 51, s. 22. 111. 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 as afore- said, or the tolls therefor, or in any way respecting the use of any electric telegraph or other service to be rendered to the Government, shall not be deemed an infringement of the privi- leges intended to be conferred by this act or the special act. 14-15 v., c. 51, s. 22. 112. A true and perfect account of the names and places of abode of the several shareholders shall be entered in a book to be kept for that purpose, as well as of the several persons who from time to time become proprietors of, or entitled to any shares therein, and of all the other acts, proceedings and trans- actions of the company and of the directors for the time being. 14-15 v., c. 51, s. 22. TMap, &c., of irailway to be 'filed in the ■board of ■works' office. On what scale -and paper to 'be drawn. 113. A map and profile of the completed railway and of the land taken or obtained for the use thereof, shall, within a rea- sonable time after completion of the undertaking, be made and filed in the office of the Commissioners of Public Works, and like maps of the parts thereof located in different counties, shall be filed in the registrj^ offices for the counties in which such parts are respectively situate. 14-15 V., c. 51, s. 22. 114. Every such map shall be drawn on such a scale, and on 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 president or engineer of the corporation. 14-15 V., c 51, s. 22. RAILWAYS — GENERAL PROVISIONS. 203 115. After the opening of the railway or any part thereof Account to be to the public, and within the first fifteen days after the opening L^^gTslatm-e." 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. 116. No further provisions which the Legislature may here- Variation in after make with regard to the form or details of such account, tails may te or the mode of attesting or rendering the same, shall be deemed made. an infringement of the privileges hereby granted to the com- pany. 14-15 v., c. 51, s. 22. 117. If the construction of the railway be not commenced. Ten per cent and ten per cent on the amount of the capital be not expended ^j^'in three thereon, within three years after the passing of the special act, years from or if the railway is not finished and put in opex'ation in ten passing of 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. 118. The Legislature of this Province maj' from time to Wlien Parlia- time reduce the tolls upon the railway, but not without consent ™„"e t™us on" of the company, or so as to produce less than fifteen per cent railways. per annum profit on the capital actually expended in its con- struction ; nor unless, on an examination made by the Commis- sioners 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 company to carry upon their railway, aqua fortis, oil of vitriol, ou^na^tufe!^" gunpowder, lucifer matches, or any other goods, which, in the judgment of the company, may be of a dangerous nature ; and i£ any person sends by the said railway any such goods without, . at the time of so sending the said goods, distinctly marl^ing their nature on the outside of the package containing the same, and otherwise giving notice in writing to the bopk-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. ISO. The company may refuse to take any package or par- Dangerous eel which they suspect to contain goods of a dangerous nature, ge°refuS or may require the same to be opened to ascertain the fact. Ibid. 204 RAILWAYS — POWERS. Forging de- bentures, &c. deemed felo- ny- Company bound to make and re- pair fences, roads, &c. , in L. C, &c. 121. The offence of forging any debentures or a coupon o£ any debenture issued under the authority of this act or of the special act, or of uttering any such debenture or coupon, knowing the same to be forged, or of being accessoiy before or after the fact to any such offence, shall be deemed felony, and be punished accordingly. Ibid. 122. Tike company shall make and keep in repair all fences, roads and water-courses, and be subject to all municipal re- gulations and provisions in respect thereof in or for lands be- longing to or held by the company, and subject to any such re- gulations, or to any charges, public, municipal or local, as the case may be, in any county, parish or township in Lower Can- ada through which the railway passes ; and the company may, in default of 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 rail- way, shall be good service upon the company. Ibid. Special act 123. Every special railway act shall be a public act. Ibid. to be a public act. , , !• 1 And may dia- 124. The Legislature may at any time annul or dissolve solre any cor- g^^y corporation formed under this act ; but such dissolution formed under shall not take away or impair any remedy given against any this act. such corporation, its shareholders, officers or servants, for any liability which had been previously incurred. Ibid. 125. Nothing herein contained shall affect in any manner Majesty's ^j^g rights of Her Majesty, or of any person, or of any body politic, corporate or collegiate, such only excepted as are herein mentioned. Ibid. Saving of Her Majesty' s riglits, &c. No amend- ment to this act shall be considered an infringement of the privil- eges of the company. 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. GENERAL PROVISIONS FOR ALL RAILWAYS. Interpreta- tion. 127. Unless otherwise provided, the following sections shall apply to every railway 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 a consKt"^^ branch or branches not exceeding six miles in length from any branch rail- terminus or station of the railway of such company, whenever a by-law sanctioning the same has been passed by the munici- EAILWAYS — POWERS. . 205 pal council of the municipality within the limits of which such ways, on proposed branch is situate, and no such branch shall, as to the ^"i^^^g ''°'^' quality and construction of the road, be subject to any of the i-estrictions contained in the special act of incorporation of such company or in this act, nor shall anything 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. 129. Any railway company desiring at any time to change Changes may the location of its line of railway in any particular part for the^fn'e^of'a the purpose of lessening a curve, reducing a gradient, or other- railway at wise benefiting such line of railway, or for any other purpose a°y ''™e for of public advantage, may make such change ; and all and poses. every the clauses of this act shall refer as fully to the part of any such line of railway so at any time changed or proposed to be changed as to the original line ; but no railway com- pany shall have any right to extend its line of railway beyond the termini mentioned in the act incorporating such company. 22 V. (1858), c. 4, s. 2. 180. No railway company shall avail itself of any of the But not with- powers contained in the fifteenth subsection of the ninth sec- ati'on^tVthe tion of this act without application to the Board of Railway board of rail- Commissioners, constituted by the one himdred and seventy- ^gjers™""^' eighth section of this act, of which application notice in writ- ing shall be given to any other railway afiected, by sending the same by mail, or otherwise, to the addf ess of the president, su- perintendent, managing director or secretary of any such rail- way company, for approval, of the mode of crossing, union or intersection proposed ; and when such approval has been obtained, it shall be lawful for either railway, in case of dis- agreement 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 any agreement ™?^^ another or arrangement with any other company, either in this Prov- respecting ince or elsewhere, for the regulation and interchange of traffic traffic, passing to and from the railways of the said companies, and for the working of the traffic over the said railways respect- ively, 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 railways, or any of them, or any part thereof, and of any railway or railways in connection there- with, for any term not exceeding twenty -one years, and to provide, either by proxy or otherwise, for the appointment of a joint committee or committees for the better carrying into effect any such agreement or arrangement, with such powers and functions as may be considered necessary or expedient. 206 RAILWAYS — LANDS, &C. subject to the consent o£ two- thirds of the stockholders voting- in person or by proxy. 22 V., e. 4, s. 2. Note. — The above section is amended by the act 24 Vict.,. chap. 17, s. 4, which is printed below. ■f^V'^ic^iioa 132. The provisions of the three last sections of this act last sections, shall, from the time it takes effect, apply to every railway made or to be made in this Province, but shall not apply to anything done before the thirtieth of June, one thousand eight hundred and fifty-eight. 22 V., c. 4, s. 2. 21. LANDS AND THEIK VALUATION. Conditionson 133. No railway company shall take possession of, use or company may occupy any lands vested in Her Majesty, without the consent. carry their of the Governor in Council ; but with such consent any such across ^ny Company may take and appropriate, for the use of their rail- canal, rivers, Way and works, but not alienate, so much of the wild lands of or navigable ^j^g Qrown lying on the route of the said railway, as have not been granted or sold, and as may be necessary for their rail- way, as also so much of the land 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 paragx-aphs of the eleventh section of this act. 16 V., c. 169, s. 8. 22. RAILWAY GROUNDS TO BE KEPT IN ORDER. Ground ad- 134. Every railway company, whether any of the clauses - railway an^ °^' provisions of this act be or be not incorporated with the belonging to act incorporating such company, shall cause all cleared land to be°la^*°^ or ground adjoining their railway and belonging to such corn- down with pany, to be sown or laid down with grass or turf, and cause grass and the same so far as may be in their power to be covered with weeds, &c. 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 V., c. 169, s. 7. Consequences 135. If any railway company fails to comply with the re- ^0°""'*'"^ *° quirements 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 oflBcer of the municipality of" the township or county in which the land or ground lies, such company shall thereby incur a penalty 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 law- fully requil-ed 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 ex- RAILWAYS — HIGHWAYS AND BRIDGES. 207 penses 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. 136. No such company shall cause any obstruction in or Not to impede- impede the free navigation of any river, stream or canal to or navigation. across or along which their railway is carried. 16 V., c. 169, s. 8. 137. If the railway be carried across any navigable river Railways or canal, the company shall leave openings between the abut- «™5singri- ments or piers of their bridge or viaduct over the same, and gulated!'"" 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 regulations as to the opening of such swing-bridge or draw-bridge as the Governor in Council from time to time makes. 16 V., c. 169, s. 8. 138. It shall not be lawful for any such company to Plans to be construct any wharf, bridge, pier or other work upon or over submitted to any navigable river, lake or canal, or upon the beach or bed or in Coundl"'"^ lands covered with the waters thereof, until they have first submitted the plan and proposed site of such work to the Governor 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 -third, Exception one huftdred and thirty-sixth, one hundred and thirty -seventh ^'■'"'^ special/ and one hundred and thirty-eighth sections, or in the thirtieth by the speciaEi 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 Governor in Council, upon the report of the Board Governor of Railway Commissioners, may authorize or require any ^eman^rft railway company to construct fixed and' permanent bridges or bridges to be- to substitute such bridges in the place of the swinff, draw or substituted roF rnovfl.hlp movable bridges on the line of such railway, within such time bridges, as the Governor in Council directs ; and for every day aft^r the period so fixed during which 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 v., c. 12, s. 7. 141. In any case where a railway commenced after the 27th Certain pow- May, 1857, is constructed or authorized to be constructed, ^^^ ^*^*® ^ ^"^ 208 RAILWAYS — HIGHWAYS AND BRIDGES. railway com' missioaers, "with respect to crossing public high- "ways, on a level. Turther pre- cautions at level cross- ings. Further pre- ■cautions when one railway crosses an- other on a le- vel ; Or runs ■feroug*! a •city, town, Ac. Or moves re- ■versely. ■ across any turnpike road, street or other public highway, on the level, the Board of Railway Commissioners, if it appears to them necessary for the public safety, may, with the sanction of the Governor in Council, authorize and 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 provi- sions of law at any such time applicable to the taking of land by railway companies and its valuation and conveyance to them, aiid to the compensation 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. 1 1. 142. Every railway company shall station an oflBcer at every point on their line crossed on a level by any other rail- way, 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. 143. Every locomotive or railway engine or train of cars, on any railway, shall, before it crosses the track of any other railway on a level, be stopped for at least the space of three minutes. 20 V., c. 12, s. 11. 144. No locomotive or railway engine shall pass in or through any thickly peopled portion of any city, town or village at a speed greater than six miles per hour, unless the track is properly fenced. 20 V., c. 12, s. 11. 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 person who shall warn parties, standing on or crossing the track of such railway, of the approach of such train, under a penalty of one hundred dollars for any contravention of the above provi- sions. 20 v., c. 12, s 11. that purpose at level crosS' ings. Foot passen- 146. If the Board of Railway Commissioners order any ^o*ot-bridge, if I'ailway company to erect at or near or in lieu of any level provided for crossing of a turnpike road, or other public highway, a foot- bridge or foot-bridges over their railway for the purpose of enabling persons passing on foot along such turnpike road or public highway to cross the railway 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 cattle along the said road. 20 v., c. 12, s. 12. or RAILWAYS — TOLLS — PENALTIES. 209 14'7. No horses, sheep, swine or other cattle, shall be No cattle to permitted to be at large upon any highway within a half mile ^^ at\aTee on of the intersection of such highway with any railway on grade, an hishway unless such cattle are in charge of some person or persons to within half a prevent their loitering or stopping on such highway at such raUway!'"''^ intersection. 20 V., c. 12, s. 16. 148. All cattle found at large in contravention of the last Such cattle preceding section may, by any person finding the same at large, ""'^ ^^1^' 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 pri- , vate property. 20 V., c. 12, s. 16. 149. No person, any of whose cattle being at large, contra- If killed ry to the provisions of the section aforesaid, are killed by e^t"tJed°o any train at such point of intersection, shall have any action any 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. fenced on both sides of such points, so as to allow the safe pas- sage 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 respecting poai°g tolls which a provision has been inserted that such railroad should ed by t?e be subject 'to the provisions of any general act relating to Goyemorin railroads, shall be subject to the approval of the Governor ^°"°^' • 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 Governor in Council. 10-11 V., c. 63, s. 14, —12 v., c. 28, s. 2. 25. PENAL CLAUSES. 132. If any person wilfully and maliciously displaces or re- Punishment moves any railway switch or rail of any railroad, or breaks Jomg any down, rips up, injures or destroys any railroad track or railroad thing to rail- bridge or fence of any railroad, or any portion thereof, or T^*y ^^^}^ }^- places any obstruction whatsoever on an^ such rail or railroad persons or"'* track, or bridge, with intent thereby to injure any person or property. property passing over or along such railroad, or to endanger human life, such person shall be guilty of misdemeanor, and shall be punished by imprisonment with hard labor in the 14 210 RAILWAYS — PENALTIES. And if such damage be actually done. common gaol of the territorial division in which such oifence- is committed or tried, for any period not exceeding one year- from conviction thereof ; and if in consequence of such act done- with the intent aforesaid, any person so passing over and alon^; such railroad, actually suffers any bodily harm, or if any prop- erty passing over and along such railroad be injured, such^ suffering 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 V., c. 169, s. 1. And if any person be killed or his life be lost, the offence to be man- slaughter. Punishment. 153. If any person wilfully and maliciously displaces or re- moves any railway switch or rail of any railroad, or breaks- down, rips up, injures or destroys any railroad track or railroad bridge or fence of any railroad or any portion thereof, or places any obstruction whatever on any such rail or railroad, track or bridge, or does or causes to be done any act whatever whereby any engine, machine or structure, or any matter or thing appertaining thereto is stopped, obstructed, impaired,, weakened, injured or destroyed, with intent thereby to injure any person or property passing over or along such railroad, and if in consequence thereof any person be killed or his life be- lost, such person so offending shall be guilty of manslaughter,, and being found guilty, shall be punished by imprisonment in. the penitentiary for any period not more than ten nor less- than four years. 16 V., c. 169, s. 2. Committing any injury, stoppage, Ac, to be a misdemeanor. 154. If any person wilfully and maliciously does or causes to be done, any act whatever whereby any building, fence, con- struction or work of any railroad, or any engine, machine or structure of any railroad, or any matter or thing appertain-, ing to the same is stopped, obstructed, impaired, weakened,- 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 ter- ritorial division in which the offence was committed or has been^ tried. 16 V., c. 169, s. 3. Punishment 155. Every person wilfully obstructing any railway inspec- °tr''T^n°^'°-" *°^ ^^ *^® execution of his duty shall, on conviction before a spectors^in" justice of the peace having jurisdiction in the place where the the execution offence has been committed, forfeit and pay for every such t eir uty. gg-g^gg ^jjy g^^ jjq^ 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 exceeding three months ; but such commit- ment shall be determined on payment of the amount of the- penalty ; and every such penalty shall be returned to the next. RAILWAYS — PENALTIES. 211 ensuing Court of Quarter Sessions in the usual manner. 20 V., c. 12, s. 3. 156. Every railway company shall, as soon as possible Company to after the receipt of any order or notice of the Board of Railway ^°\^^y o/^erB i-^ ■ • ^. •'■ ,, n, T J! -J. m of board to Commissioners, give cognizance thereoi to each ot its omcers jt^ officers and servants, in one or more of the ways mentioned in the one "fee- hundred and sixty-third section of this act. 20 V., c. 12, s. 16. IST. All orders of the said Board of Railway Commissioners what to be- shall be considered as made known to the said railway com- cl;^emed suffi. pany by a notice thereof signed by the chairman and counter- thereof, signed by the secretary of the said board, and delivered to the president, vice-president, managing director, 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 Punisbment any railway company, wilfully or negligently contravenes of o^oers, any by-law or regulation of the company lawfully made and trarening in force, or any order or notice of the Board of Railway Com- by-laws, &c. missioners, 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 tu 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 con- victed 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 injury to person or property to be more or less great, be punished by fine or imprisonment, 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. 15!>. If such contravention does not cause injury to any Peaalty.. 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 conviction is had ; and such penalty shall be recoverable with costs before any one justice of the peace having jurisdiction where the offence ha.s been committed, or where the offender is found, on the oath of' one credible witness other than the informer. 19-20 V., c. 11, s., 1. 160. One moiety of such penalty shall belong to Her Majesty Appiica-ifta. for the public uses of the Province, and the other moiety totlie^^*- 212 EAILWAYS — PENALTIES — WORKING THE llOAD. 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 use aforesaid. 19-20 V., c. 11, s. 1. The compafly may pay pe- nalty and de- duct from wages. Cpmpany may impose penalties for cantravea- tion of by- laws. 161. The company may in all cases under this act pay the amount of the penalty and costs, and recover the same from the offender or deduct it from his salary or pay. 19-20 V., c. 11, s. 1. 1<»3. Any railway company may by a by-law impose upon any officer, servant, or person who before the contravention of such by-law has had notice thereof and is 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 wages of the offender. 19-20 V., c. 11, s. 2. 16S. The notice of the by-law or of any order or notice of the Board of Railway Commissioners may be proved by proving proved"*^ ^ ^^^ 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. H9,w notice of by-law or When such proof, Ac. , to be a de- fence for tlie company. 164. Such proof, with a proof of the contravention, shall be a full answer and defence for the company in any. suit for the recovery from it of the amount so retained, a,nd such forfeiture shall be over and above any penalty under the preceding sec- tions number one hundred and fifty-eight to one hundred and^ sixty-one. 19-20 V., c. 11, s. 2. 26. WORKING OF THE RAILWAY. (lailway not to be opened till after one month's no- tice of inten- tion to open the same. Penalty for oontraVen- tioa. 165. No railway or portion of any railway shall be opened for the public conveyance of passengers until one month after notice in writing of the intention to open the same has been given by the company to whom the railway belongs to the Board of Railway Commissioners, and until ten days after notice in writing has been given by the said company to the said Board of Railway Commissioners, of the time when the said railway or portion of railway will be, in the opinion of the com- pany, su^ciently completed for the safe conveyance of pas- sengers, and ready for inspection. 20 V., c. 12, s. 4. 166. If any railway or portion of a railway be opened with- out such notices, the company to whom such railway belongs, sha;ll 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. RailwayOom- IC- If the railway inspector or inspectors, after inspection missioners of any railway, report in writing to the Board of Railway Com- RAILWAYS — WORKING THE ROAD. 213 missioners that, in his or their opinion, the opening of the same upon report would be attended with danger to the public using the same, and"a"^'^^ovaX by reason of the incompleteness of the works or permanent of Governor way, or the insufficiency of the establishment for working such '" Council, railway, together with the ground of such opinion, the Board pSpone^- of Railway Commissioners, with the sanction or the Governor pent of open- in Council, and so from time to time, as often as such inspector '°^ of le'^'i. or inspectors after further inspection thereof so reports, may order and direct the company to whom the railway belongs to postpone 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 V., c. 12, s. 6. 168. If any such railway, or any portion thereof, be opened Penalty for contrary to such order or direction of the Board of Railway "ra^'to th^" Commissioners, the company to whom the railway belongs order of the shall forfeit to Her Majesty the sum of two hundred dollars commission- for every day during which the same continues open contrary to such order or direction. 20 V., c. 12, s. 6. 169. No such order shall be binding upon any railway com- When only pany unless therewith is delivered to the company a copy of su"li. order to the report of the inspector or inspectors on which the order is the compan°y founded. 20 V., c. 12, s. 6. 170. In all cases where a railway passes any draw or swing whep a rail- bridge over a navigable river, canal or stream which is subject w^ay passes to be opened for the purposes of navigation, the trains shall b!-iige^&6!f in every case be stopped at least three minutes, to ascertain train to stop from the bridge tender that the said bridge is closed and in *"'" ^ "'""t''^- perfect order for passing, and in default of so stopping during the full period of three minutes the said railway company shall be subject to a fine or jjenalty of four liundred dollars. 16 v., c. 169, s. 6. 171. Every railway company which runs trains upon the Company to railway, for the conveyance of passengers, shall provide and "3° the best Zi 1- Ui-ui J. apparatus for cause to be used in an upon such trains such known apparatus communica,- and arrangements as best afford good and sufficient means of ti on between immediate communication between the conductors and the andengi'ne- engine-drivers of such trains while the trains are in motion, >iriTers and and good and sufficient means of applying by the power of the o°'^(jfscon'-°^ steam-engine or otherwise at the will of the engine-driver, or necthig cars, other person appointed to such duty, the brakes to the truck- "'''"g seats m wheels of the locomotive or tender, or both, or of all or any ' of the cars or carriages composing the trains, and of discon- necting 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 supply new apparatus and ar- rangements from time to time as the Board of Railway Com- 214, RAILWAYS — WORKING THE ROAD. conductors and other •officers, &c missioners, with the sanction of the Governor in Council, may order. 20 V., c. 12, s. 10. Companies ITIS. Every railway company shall make such by-laws, rules taw^^fot ''''^' and regulations, to be observed by the conductors, engine- regulation of drivers, and other officers and servants of the company, and by all other companies and persons using the railway of such com- pany, 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 com- munication, application and disconnection. 20 V., c. 12, s. 10. Penalty for ITS. Eveiy railway company which fails to comply with not ^''TO'A- any of the provisions contained in the one hundred and seventy- 171st section! first Section of this act, shall forfeit to Her Majesty a sum not exceeding two hundred dollars for eveiy day during which such default continues. 20 V., c. 12, s. 10. -Return of ac- cidents to be made scnii- anHuall^-. 1'74. 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 Commissioners, 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 rail- way of the compan}^ 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 exist- ing 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. /Tofii to he appwinteil by the Board" ot Coramission- ere. iPe«aH,v (ov 175. The Board of Railway Commissioners may order and direct, from time to time, the form in which such returns shall be made up, and may order and direct any railway company to make up and deliver to them, from time to time, in addition to the said periodical returns, returns of serious accidents oc- curring in the course of the public traffic upon the railway be- longing 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 V., c. 12, s. 14. IfC If such returns so verified be not delivered within the respective times herein prescribed or within fourteen days after RAILWAYS — BOARD OF COMMISSIONERS, &C. 215 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 V., c. 12, s. 14. ITT. All such returns shall be privileged commum'cations, Such returns -and shall not be evidence in any court whatsoever. 20 V., c. J° ^% P"^'" ,„ ,- -^ legedcommu- x£i, ». J."*. nications. 27. BOARD OF RAILWAY COMMISSIONERS, THEIR DUTIES, &C. ITS. The Receiver General, the Minister of Finance, the Board of Com- Commissioner of Public Works, and the Provincial Postmaster missioners General, shall constitute a Board of Railway Commissioners ; and each of the said ofiBcers shall be a member of the said board by virtue of his ofBce, and so long only as he holds i;he same ; such one of the said oificers as the members of the l)oard 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-lo V., c. 73, s. 17,-22 V., c. 3, (1859.) 1T9. The Board of Railway Commissioners shall, in addition Duties of. • to their other powers and duties, have and discharge the powers and duties in this act prescribed, and may from time May appoint to time appoint some fit and qualified person to be secretary of * secretary, the said board in the stead of the secretary for the Depart- . ment of Public Works. 20 V., c. 12, s. 1,-22 V., c. 3, (1859.) 28. RAILWAY INSPECTORS, THEIR DUTIES, &C. 150. The Governor in Council may appoint and authorize Railway in- iany proper person or persons, not exceeding three in number, specters. whose duty it shall be from time to time to inspect all rail- Duties of. ways constructed or in course of construction, and every person so authorized may at all reasonable times, upon producing his • authority if required, enter upon and examine the said railway and the stations, fences or gates, road crossings, cattle guards, works and buildings, and the engines, cars and carriages be- longing thereto. 20 V., c. 12, s. 2. 151. Every railway company and the officers and directors Companies thereof shall afford to such inspector or inspectors every in- *° '^^°^^ "'■ formation and full and true explanations so far as may be in the inspec- their power and knowledge on all matters inquired into by tors. any such inspector or inspectors, and submit to such inspector -or inspectors all plans, specifications, drawings and documents relating to the construction or reconstruction, repair or state •of repair of such railway or any portion thereof, whether a l)ridge, culvert or other part. 20 V., c. 12, s. 2. 216 RAILWAYS — INSPECTOES, &C. Inspectors 183. Any such inspector shall have the right to use eraph wires^" telegraph wires and machinery in the office of or under the- _ ^ _ ^YlQ for what pur- control o£ any such railway company, for the purpose of com- poses, municating with any of the officers of the said company, or- transmitting any order of any such inspector relating to such railway. 20 V., c. 12, s. 2. Operators and others to obey orders of inspectors. Authority of inspectors how proved. When any railway bridge, etc., condemned by commissi on- ers and inpec- tors , what to be done. 183. The operators or officers employed in the telegraph- offices of or under the control of the said company, shall, with- out unnecessary delay, obey all orders of any such inspector for effecting such communications and transmitting messages for the purpose aforesaid, and any such operator or officer refus- ing or neglecting so to do, shall forfeit for every such offence the sum of forty dollars. 20 V., c. 12, s. 2. 184. The authority of any such inspector shall be suffi- ciently evidenced by a paper in writing nominating him an inspector of railways or of any railway in particular, signed by the chairman of the said Board of Railway Commissioners and countersigned by the secretary thereof. 20 V., c. 12, s. 2> 185. When any bridge, culvert, viaduct, tunnel, fenc^. road crossing, or cattle guard, or any other portion of any railway constructed or in course of construction, or any lo- comotive, car or carriage used or for use on any railway has been condemned on the report of an inspector or inspectors, by the Board of Railway Commissioners, with the approval of the Governor in Cpuncil, 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 material for the said rail- way, has been required by the Board of Railway Commissioners, with the approval of the Governor 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 thereof, proceed to make good or remedy the defects in the said portions of the railway, or in the 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 is bW^th'^nm'^" •^^^^g^^'^us for trains or vehicles to pass over any particular ning of trains, railway, Or any portion of a railway, until alterations, substi- &c. tutions or repairs have been made thereon, or that any particu- lar 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, manag- ing director, or secretary or superintendent of the company owning, running, or using such railway, or to any officer- ispe ' loi RAILWAYS — INSPECTORS, &C. 217 having the management or control of the running 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 apprehended. 20 V., c. 12, s. 9. IST. The said inspector shall forthwith report the same to Commis- the said Board of Railway Commissioners, who, with the sane- sioners may tion of the Governor in Council, may either confirm, modify act, etc., of '^ or disallow the act or order of the inspector, and such con- inpectois. firmation, modification or disallowance shall be duly notified to the railway company affected thereby. 20 V., c. 12, s. 9. 188. The said Board of Railway Commissioners may, with When the the sanction of the Governor in Council, limit the number or grs^i^ay^regu- times or rate of speed of running of trains or vehicles, upon late speed, such railway or portion of railway, until such alterations or *'^- repairs as they may think suflScient have been made, or until such time as they think prudent ; and the company owning, running or ^ using such railway shall comply forthwith Avith any such order of the said inspector or of the said board, upon notice thereof as aforesaid ; and for every act of non-com- Penalty for pliance therewith every such railway company shall forfeit to non-compii- Her Majesty the sum of two thousand dollars. 20 V., c. 12, s. 9. 18t>. Every railway company shall, as soon as possible, and Notice of ac- at least within forty-eight hours after the occurrence upon wdentstobe ,, ., ,, .•',=' , « -1,, given to the the railway belonging to such company or any accident at- commission- tended with serious personal injury to any person using the <^''s- 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, such company shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the omission to give the same continues. 20 V., c. 12, s. 13. , 190. No inspection had under this act nor anything in this Inspection act contained or done or ordered or omitted to be done or or- company' ^^^* dered under or by virtue of the provisions of this act, shall from liability. . relieve or be construed to relieve any railway company, 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 administrator, tutor or curator, heir or other personal representative of any person for anything 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. •218 RAILWAYS — FUND — APPLICATION OF PENALTIES, &C. Railway in- spection fund. 29. RAILWAY INSPECTION FUND. 191. From the twenty-seventh of May, one thousand eight hundred and fifty-seven, every railway then or thereafter con- structed, shall, so soon as any portion thereof is in use, pay to the Receiver General an annual rate to be fixed by the Governor 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. "What the -words " rail- "way compa- ny," shall in- -clude. 30. CERTAIN SECTIONS LIMITED. 192. In the construction of the one hundred and fortieth to one hundred and fiftieth, the one hundred and fifty-fifth 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 the 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 RECOVERED AND APPLIED. How penal- 193. All penalties incurred under any of the sections of «ndTpplied^ this act in the last section referred to, except penalties under thp one hundred and fifty-fifth section thereof, may be recovered in the name of Her Majesty, by Her Majesty's Attorney General in any court having competent jurisdiction thereover ; and all penalties recovered under the other sections aforesaid, shall be paid to the Receiver General to the credit of " The Railway Inspection Fund." 20 V., c. 12, s. 20. 23 VICrORIA, CHAPTER 29. (Canada.) Preamble. An act in amendment of the railway act. [Assented to 19th May, I860.] TTER MAJESTY, by and with the advice and consent of the -■-*- Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter remains in force as regards railway companies organized previous to or in virtue of chapter 66, Consolidated Statutes of Canada, printed above. RAILWAYS — AMENDMENT. 219 1. The justices of the peace for any county in Upper Canada, Constables assembled at any general quarter sessions of the peace, and pg'i^ted to" any judge of the Court of Queen's Bench, or Superior Court, or act on the clerk of the peace, or clerk of the Crown, or inspector and l"ip*'«'"y sapei-intendent of police, in Lower Canada, on the application how^*^' '*" of the board of directors of any railway company whose rail- way passes within the local jurisdiction of such justices of the peace, judge, clerk, or inspector and superintendent of police, as may be, on the application of any clerk or agent of such company thereto authorized by such board, may, in their or his discretion, appoint any persons recommended to them for that purpose by such board of directors, clerk or agent, to act as constables on and along such railway ; and every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say : " I, A. B., having been appointed a constable to act upon and Oath of office. " along (here name tfte railway), under the provisions of (here " irisert the title of this act), do swear that I will well and truly "serve our Sovereign Lady the Queen, in the said office of " constable, without favor or affection, malice or ill-will, and ■" that I will, to the best of my power, cause the peace to be " kept, and prevent all offences against the peace, and that " while I continue to hold the said office, I will, to the best of " my skill and knowledge, discharge the duties thereof faith- " fully, according to law. So help me God." Such oaliJi or declaration shall be administered in Upper By whom to Canada by any one such justice, and in Lower Canada, by any ^e^g^™'"^^" such judge, clerk, or inspector and superintendent of police ; and every constable so appointed, and having taken such oath Powers ot or made such declaration as aforesaid, shall have full power to ^!"^A '^°''' , act as a constable for the preservation of the peace and for the to whatlo- security of persons and property against felonies and other calities they xmlawful acts, on such railway, and on any of the works ° " belonging thereto, and on and about any trains, roads, wharves, ■quays, landing-places, warehouses, lands and premises belonging to such company, whether the same be in the county, city, district or local jurisdiction within which he was appointed, or in any other place through w^hich such railway passes or in •which the same terminates, or through or to which any railway passes, which may be worked or leased by such railway company, and in all places not more than one-quarter of a mile distant from such railway or railways ; and shall have all such powers. Duties of protections and privileges for the apprehending of offenders, as gt^bleT"" well by night as by day, and for doing all things for the pre- vention, discovery and prosecution of felonies and other offences, and for keeping the peace, which any constable duly appointed has within bis constablewick ; and it shall be lawful for any such constable to take such persons as may be punishable by snmmary conviction for any offence against the provisions of this act, or of any of the acts or by-laws affecting any such railway, before any justice or justices appointed for any county, 220 RAILWAYS — AMENDMENT. Dimissal of any such con- stable. city, district, or other local jurisdiction within which any such railway may pass ; and every such justice shall have authority to deal with all such cases, as though the offence had been committed and the person taken within the limits ( if his own local jurisdiction. 2. Any two justices of the peace in Upper Canada, and any^ judge of the Court of Queen's Bench or Superior Court, or clerk of the peace, or clerk of the Crown, or inspector and superin- tendent of police, in Lower Canada, may dismiss any such constable who may be acting within their several jurisdiction ; and the board of directors of such railway company, or any clerk or agent of such company thereto authorized by such board, may dismiss any such constable who may be acting on such railway ; and upon every such dismissal, all powers, protections and privileges belonging to any such person by reason of such appointment, shall wholly cease ; and no person so dismissed shall be again appointed or act as a constable for such railway, without the consent of the authority by which he was dismissed. Record of ap- pointment of each consta- ble to be kept. Fees. 3. Every such railway company shall cause to be recorded in the office of the clerk of the peace, for every- county, city, district, or other local jurisdiction wherein such railway or railways may pass, the name and designation of every constable so appointed at their instance, the date of his appointment, and authority making it, and also the fact of every dismissal of any such constable, the date thereof and the authority making the same, within one week after the date of such appointment or dismissal, as may be ; and every such clerk of the peace shall keep such record in a book to be open to public inspection, charging such fee or fees only as the Governor in Council may from time to time authorize, and in such form as the Governor in Council may from time to time direct. Punishment 4. Every such constable who shall be guilty of any neglect guiUy^of neg- '^^' breach of duty in his office of constable, shall be liable, on lect of daty. summary conviction thereof within any county, city, district or other local jurisdiction wherein such railway may pass, to a penalty of not more than eighty dollars, the amount of which penalty may be deducted from any salary due to such offender, if such constable be in receipt of a salary from the railway company, or to imprisonment, with or without hard labor, for not more than two months, in the gaol of such county, city, district or other local jurisdiction. And of per- 5. Every person who shall assault or resist any constable sons^resisting appointed as aforesaid, in the execution of his duty, or who shall incite any person so to assault or resist, shall, for every such offence, be liable, on like summary conviction, to Ja penalty of not more than eighty dollars, or to imprisonment, with or without hard labor, for not more than two months, in such gaol as aforesaid. RAILWAYS — AMENDMEXT. 221 6. Every person who shall bore, pierce, cut, open, or other- Punishment -wise injure any cask, box, or package containing wine, spirits, bonn'^^""/ or other liquors, or any case, box, sack, wrapper, package, or cutting casks roll of goods, in, on or about any car, waggon, boat, vessel, °^ packages warehouse, station-house, wharf, quay, or premises of or be- °" ™' ^^^' longing to any such railway company, with intent feloniously to steal, or otherwise unlawfully to obtain or to injure the contents or any part thereof, or who shall unlawfully drink, or ■wilfully spill or allow to run to waste any such liquors or any pai-t thereof, shall, for every such offence, be liable, on like summary conviction, to a penalty of not more than twenty dollars, over and above the value of the goods or liquors so taken or destroyed, or to imprisonment, with or without hard labor, for not more than one month, in such gaol as aforesaid. 7. For any offence against the provisions of this act, pun- Proceedings ishable by summary conviction, it shall be lawful to proceed against any snpn nffpTinpi' against the offender, either in the manner provided by this act, oon. Stat. or according to the provisions of the act resrpecting the. duties Canada, cap. of Justices of the Peace out of Sessions, in relation to swmmary convictions and orders, forming the one hundred and third •chapter of the Consolidated Statutes of Canada, in regard to any acts and offences in such act mentioned ; and it shall be lawful to use, pursue, and adopt any or all of the forms, directions, modes of procedure, remedies and proceedings (as well in regard to witnesses and parties as others) mentioned or provided in such act in all complaints, prosecutions, con- victions, levies and proceedings for offences against this act. S. In all cases of complaint by summary proceeding before Appeal in a justice of the peace in Upper Canada, against any person ^"'^'^ "°^*^- for a violation of any of the provisions of this act, all decisions, convictions and orders made by such justice shall be subject to appeal, in the manner and under the provisions prescribed in. the act "respecting appeal in cases of summary conviction," forming the one hundred and fourteenth chapter of the Con- solidated Statutes for Upper Canada. 9. Whenever any level crossing on any railway shall be Railway may out of repair, the warden, mayor, reeve or other chief officer ^^ requiredto of the municipality having jurisdiction over the railway so level crossing crossed, may serve a notice upon the company in the usual o"t of repair. manner, requiring the repair to be forthwith made; and if the company shall not forthwith 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 ; and any certificate under his hand shall be final Inspector's on the subject so in dispute between the parties ; and if the ^"oonclu-*° said inspector shall determine that any repairs are required, give. 222 RAILWAYS — AMENDMENT. 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 affect any liability otherwise attaching to such company in the premises. Provision wlien the county judge is interested in lands re- lO. Whenever any judge of a county court in Upper Canada is interested in lands taken or required, within the county in which he is such judge, by any railway company, • df ran ^^^' ^H-il^-ay purposes, any judge of any of the Superior Courts raUway""^ ^"^ at Toronto shall, on application of such company, 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. Extent of act. H. The provisions of this act shall apply to every railway- made or to be made in this Province. Short title. 12. This act shall be cited as " The Railway Amendment Act of 1860." 24 VICTORIA, CHAPTER 17. (Canada.) An act to explain and amend the railway act. [Assented to 18th May, 1861.] . Preamble. TXTHEREAS doubts are entertained as to whether rectors * ' in possession of glebe lands in Upper Canada, eccle- siastical and other corporations, trustees of land for church and school purposes or either, executors appointed by wills in which they are not invested with any power over the real estate of the testator, administrators of persons 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 company for the actual use of and occupation by such company ; and whereas it is desirable to remove such doubts, and to amend the said railway act in the particulars hereinafter set forth ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : RAILWAYS — AMENDMENT. 223 Note. — TJds chapter remains in force as regards railway companies organized previous to or in virtue of chapter 66, Consolidated Statutes of Canada,, printed above. 1. The true intent and meaning of the said section of the Certain con- said act was and is, that the several persons and parties here- '^'eyances to inbefore mentioned, with respect to the lands above in this act panies'under referred to, should and shall exercise all the powers mentioned s^?*- n «*' ^^^ in the first subsection of the said section eleven of the said declared*va- railway act, with respect to any of such lands actually required Hd. for the use and occupation of any railway company ; and any conveyance made under the said first subsection shall vest in the railway company receiving the same, the fee simple in the lands in such deed described, freed and discharged from all trusts, restrictions and limitations whatsoever. 2. All the provisions in the said section and in the said act Sect, ii of contained as to arbitrations, and obtaining possession and title q°"' ^'^**' gg to such lands, and the disposition of the purchase monej'," shall to apply. " apply to all the parties and lands in this act and in the said subsection mentioned ; and no railway company shall be re- sponsible for the disposition of any purchase money for lands taken by them for their purposes, if paid to the owner of the land or into court for his benefit. 3. Whenever any county judge shall be or is interested in Provision lands taken or required within the county in which he is such ^^H^" county . 11 ^.1 p M luuge IS in- judge, by any railway company, tor railway purposes, any terested. judge of any of the Superior Courts in Upper or Lower Canada shall, on application of such company, exercise 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 railway Sect. I3i, act is hereby amended by adding thereto the following proviso : «™«"ded. Provided always, that every railway company shall, accord- Railway com- ing to their respective powers, aflford all reasonable facilities to afford^ ea'ch^* any other railway company for the i-eceiving and forwarding other every and delivering of traffic upon and from the several railways {f^^\}^^ ^"'j belonging to or worked by such company respectively, and for ing of traffic, the return of carriages, trucks, and other vehicles ; and no such without pre- company shall give or continue any preference or advantage to favo'Jir^ °^ or in favor of any particular company or any particular de- scription of traffic, in any respect whatsoever, nor shall any such company subject any particular company or any particular de- scription of trafiic to any prejudice or disadvantage in any re- spect whatsoever ; and every railway company having or work- ing a railway which forms part of a continuous line of railway or which intersects any other railway, or which has any terminus, station or wharf of the one near any terminus, station or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding by the one of such railways, all the 224 RAILWAYS — AMENDMENT. 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 offered in the using of such railway as a continuous line of com- munication, and so that all reasonable accommodation may, at all times, by the means aforesaid, be nautifally afforded by and Agreements to the said several railway companies ; and any agreement ™avention of hetween any two or more railway companies contrary to the this act, to be foregoing provisions, made after the passing of this act, shall void. ]3g unlawful, null and void. Penalty on 5. If any officer, servant or agent of any railway company, companies or leaving the superintendence of the traffic at any station or refusing or depot thereof, refuses or neglects to receive, convey or deliver neglecting to at anv station or depot of the company for which they may be- forward traf- J , • ■' J ^ J fu- 1, 1,J. J fie as above destmed, any passenger, goods or things, brought, conveyed or required. delivered to him or to such company, for conveyance over or along .their railway from that of any other company, intersect- ing with or coming near to such first mentioned railway, — or in any way wilfully contravenes the provisions of the next pre- ceding section, — such first mentioned railway company or such officer, servant or agent, personally, shall, for each such neglect or refusal, incur a penalty not exceeding fifty dollars, over and How recover- above the actual damages sustained ; which penalty may be tobe'ainiUed^ recovered, with costs, in a summary way, before any justice of the peace, by the railway company or any other party aggrieved by such neglect or refusal, and to and for the use and benefit of such company or other party so aggrieved. Interpreta- 6. For the purposes of the two next preceding sections, the "^traffic!^''"^'^ word " traffic " includes not only passengers and their baggtige, goods, animals and things conveyed by railway, but also cars, " Railway," trucks and vehicles of any description adapted for running "railway over any railway; — the word "railway," includes all stations company, ^^^ depots of the railway ; — the expression " railway com- pany," includes all parties owning, leiasing or working any rail- way ; — 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. This act to T. This act shall form part of the railway act, and shall be the^aXay*^ Construed as applying to any railway company incorporated or act. to be hereafter incorporated, to which the provisions of the said railway act apply, and shall have effect accordingly. Interest of 8. The interest of the purchase money or rent of any real T)11CCD&36 IDO'" . I "Jill ■■! "^1 ney or rent of property acquired or leased by any railway company and property ne- necessary to the efficient working of such railway, and the price working a"" or purchase money of any real property or thing without which railway, to be the railway could not be efficiently worked, shall be considered of ^" wo^rk-' **' ^®. P^'^ °^ *^® expenses of working such railway, and shall ing expenses, be paid as such out of the earnings of the railway. CONSOLIDATED RAILWAY FUND. 225 40 VICTORIA, CHAPTER 2. (Quebec.) An act respecting the Consolidated Eailway Fund of the Province of Quebec. [Assented to 28th December, 1876.] TTER MAJESTY, by and with the advice and consent of the -■-■- Legislature of Quebec, enacts as follows : 1. There shall be and there is hereby created a railway fund Eetablish- for the Province of Quebec, to be known as " The Consolidated ™®"^* "^ "^® Railway Fund of the Province of Quebec." fund. 2. This fund shall be composed of the debentures of this Prov- Composition ince, or of the proceeds of any debentures of this Province, of the fund. which have been heretofore, or which shall be hereafter issued, negotiated and sold under any act of the Legislature of this Province, passed or to be passed, and of any unexpended balances of any sum of money now in the hands of the Treasurer of this Province, or which may hereafter come into his hands to aid in the construction of any railway now entitled to a subsidy or which may hereafter become entitled to one, or to construct the Quebec, Montreal, Ottawa and Occidental Railway. All the municipal debentures, or municipal subscriptions men- tioned in schedule A, of chapter 2, of 39 Vict., of the acts of this Province, shall also fall into and form part of this fund. 3. It shall be lawful for the Lieutenant-Governor in Council Employment to pay, out of the said fund, unto any railway company entitled °^ the moneys to any subsidy by virtue of any act of this Province, or unto th^fimd.'"^ the commissioners of the Quebec, Montreal, Ottawa and Occi- dental Railway, such subsidy, at such time, and in such amounts, as by law they are entitled to have and demand the same. 4. It shall be lawful for the Lieutenant-Governor in Council, Advance of if he shall deem it expedient so to do, to advance out of the $3,ooo,ooq to said fund unto the commissioners of the Quebec, Montreal, sioners of the Ottawa and Occidental Railway, such sum or sums of money, Q- M. 0. & 0. not exceeding in the aggregate the sum of $3,000,000, as he ^"'l^^^- shall deem meet. But in such case, and at the time of such advance being Delivery of made, the said commissioners shall deliver unto the Treasurer ^"""^^ *" *'^<^ •of this Province, of the bonds, which, by section twenty-five of the said act, they are authorized to issue, a sum equivalent in •amount to such advance. And the said bonds shall forthwith Interest ac- enter into and form part of the said fund ; and the interest auch°fon"« accruing on the said bonds shall be deducted from the net earn- ings of the said road, and be paid into the credit of the said fund to form part thereof, so long as the said bonds remain in the hands of the Treasurer of this Province. 15 226 CONSOLIDATED RAILWAY FUND. The bonds 5. The LieutenaMt-Governor in Council may, at any time- KeYor*i?eKo- "^^^^ ^® deems it expedient so to do, pledge by way of coUat- tiated, by the eral security the said bonds for any advance of moneys made Lt.-GoTernor. or required for the purpose8 of ihis act, or order the issue,, negotiation and sale by the Treasurer of this Province, of the aforesaid bonds or any part thereof, subject to such terms and conditions as the Lieutenant-Governor in Council may devise or prescribe. Security giv- o. It shall be lawful for the Lieutenant-Governor in Coun- GoT.'^ioAhe ' cil, by endorsement upon the said bonds or otherwise, as he payment of may determine, to guarantee the due, faithful and punctual prindpal"'^ payment of the interest to accrue on the said bonds, or the due,^ faithful and punctual payment of the interest and principal of the said bonds. Subrogation T. To avoid doubts, it is hereby declared that in the event ince fa thT" °^ *^^ ^^^^ Province advancing the whole or any part of the rights vested amount of the said bonds, the Px'ovince shall be substituted to- rn the hold- g^Q(j subrogated in all the rights and powers, privileges and advantages granted or intended to be granted, vested, or auth- orized to be vested, in the holders of the said bonds or deben- Rights of the tures, or any trustee or trustees for them ; and in case of thfe commission- .g^j^ bonds falling into the hands of the said Treasurer, as here- in the Treasu- inbefore set forth, all the powers, privileges and authority rer- vested in the said commissioners respecting the said bonds, or- which they are authorized or empowered to confer upon others,, by virtue of sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, of 39 Vict., chap. 2, or by any other section of the said act, shall be vested in, and exercised by, the Treasurer of this- Province, or conferred by him upon others, as fully and effect- ually as the said commissioners might or could have done r Rank allowed and the same rank and priority in the revenues of the said road to the Prov- ghall be preserved to and enure to the Province, as if the said bonds had been sold to the said Province by the commissioners. Proviso. 8. Nothing in this act shall have the effect of amending or revoking the statutes in force by which any aid or subsidy has. been granted to any railway company whatsoever. Act into 9. This act shall come into force on the day of its sanction^ force. CONSOLIDATED RAILWAY FUND 227 41 VICTORIA, CHAPTER 1. (Queeec.) An act respecting the Consolidated Railway Fund of this ProYince (40 Vict., cap. 2). [Assented to 9th March, 1878.] TJ ER MAJESTY, by and with the advice and consent of the -*--*- Legislature of Quebec, enacts as follows : 1. The Lieutenant-Govei'nor in Council may, at any time iDTcstment when he deems it expedient so to do, pledge, by way of coUat- °'" ^*'* °^,^^° eral security, the municipal bonds or debentures, or any part "ollda'C- of them, belonging to the Consolidated Railway Fund of the longing to Province of Quebec, for any advance of money made or required ^^'^ ^""'*' for the purposes of enabling the commissioners of the Quebec, Montreal, Ottawa and Occidental Railw^ay to construct the said railway, or for any of the purposes of this act or of the acts of this Province, 39 Vict., thap. 2, and 40 Vict., chap. 2 ; or may order the negotiation and sale, by the Treasurer of this Province, of the aforesaid bonds or debentures or any part thereof, subject to such terms and conditions as he may devise or prescribe, 3. It shall be lawful for the Lieutenant-Governor in Coun- Antborixa- cil, if he shall deem it expedient so to do, to authoi-ize the Jg^^^/ * Treasurer of this Province, to contract a loan, and to that end, $3,ooo,ooe, to issue, sell, and negotiate bonds or debentures of the Province, 'P^Sf^jf^/v to an amount not exceeding three millions of dollars ; but in and 0. K. such case such last bonds or debentures shall be substituted to commission- and shall take the place and stead of the loan of three millions *"^ "^^ of dollars which the said railway commissioners were, by 39 Vict., chap. 2, sec. 25, authorized to raise, and of the bonds or debentures which the said commissioners were by the said act authorized to issue. 3. The proceeds of the sale of such substituted bonds or Pioceed? of debentures shall form part of the Consolidated Railway Fund, ^^^^^^"^'l'^^ so far as it is necessary to repay or i-ecoup the said fund for any advance made under the authority of 40 Vict., chap. 2, sec- tion 4. 4. It shall be the duty of the Lieutenant-Governor in Coun- Pieviou? cil, before making any such issue, to arrange with the holders J!^^*™!"*" of bonds of the said railway commissioners, theretofore issued,. for the surrender and cancellation of the samt\ on such terms as he shall deem just and expedient. 5. Any issue of bonds or debentures of this Province, issued Privilege,. under the authority of this act, shall take, hold and have the prio'ity, &e., same privileges and advantages, and the same rank and priority, ' ' '^^'* 228 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. on the Q. M. 0. & 0. Rail- way rcreaues. on the revenues oi" rental of the said Quebec, Montreal, Ottawa and Occidental Railway; as the bonds or debentures of the said railway commissioners would have taken and held under the authority of the said act, 39 Vict.; chap. 2 ; and the net revenue or rental of the said road shall be used and applied, conform- ably to the terms of the said act, in the payment and discharge of the interest and sinking fund, occurring or arising from said substituted bonds or- debentures. Form, &c. he bonds. of 6. Such substituted bonds or debentures shall be issued in the form, and according to the mode and conditions which the Lieutenant-Governor in Council shall deem expedient to pre- scribe in the iiiterests of the Province. Wlien piy- sble : inter 7. Such bonds shall be payable in thirty years, in currency • ... , or sterling, and shall bear interest at a rate not exceeding five fund. per centum per annum. A sinking fund of one per centum per annum shall be established for their redemption. Advauce of $3,^16,9S6, to the corns., authorized. 8. It shall be lawful for the Lieutenant-Governor in Coun- cil, if he shall deem it expedient so to do, to advance to the said railway commissioners, out of the Consolidated Railway Fund of the Province of Quebec, a sum of three, millions, one hundred and sixteen thousand, nine hundred and fifty-six dol- lars ; and such, advance shall be repaid to the said consolidated railway fund so soon as practicable. 9. In the event of the said Consolidated Railway Fund, from any cause, proving insufiicient to meet any subsidy payable to any railway entitled thereto, under the provisions of any act of the Legislature, such deficiency shall be made good and subsidy paid out of the consolidated revenue fund of this Province. Rights of lO. Nothing in this act contained shall be construed to affect ties^faf^*'' ^^^ rights of the municipalities or corporations mentioned in schedule A of the act 39 Vict., chap. 2, to be paid interest upon their subscriptions according to law. Railway fund piM-iriagin- eiiffi'cient. 39 VICTORIA, CHAPTER 2. (Quebec.) An act respecting the construction of "the Que- bec, Montreal, Ottawa and Occidental Rail- way." [Assented to 2Uh December, 1875.] ?rean.x!c. T17"HEREAS the " North Shore Railway Company " and the "' "Montreal, Ottawa and Western Railway Company," ' heretofore known as the "Montreal Northern Colonization Railway Company," have severally signified to the Lieutenant- Governor their inability to carry out the construction of the QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. said lines of road, and whereas they have severally expressed their readiness to surrender to the Government of the Province of Quebec the property and rights of the said corporations, if the Government will undertake to construct the said lines of railroad, with the branches thereof, to the Grand Piles and St. J6r6me ; and whereas it is in the public interest that the said roads should be constructed, and therefrom prolonged as here- inafter set forth ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 1 is replaced by the act 44-45 Viet., chap. 2, s. 7, which u'ill be found below, hut is reprinted here to explain the remainder of the chapter uMch reads as follcnvs : 1. There shall be a railway constructed, commencing at the railway to b« port of Quebec, and extending from deep water in the said constmcted. port, vi4 Montreal, to such point in the county of Pontiac as Ejjttnt. may be most suitable for connecting hereafter the said railway with the subsidized portion of the Canada Central Railway, and with any other railway as the Lieutenant-Governor in Council may hereafter decide, including therein a branch line from the Braiu i eg. city of Three Rivers to the Grand Piles, and another from Ste. Therese to St. Jerdme ; and such railway shall be styled and known as " The Quebec, Montreal, Ottawa and Occidental Name. Railway." 2. The said railway shall be a public work belonging to the Shall be Province of Quebec, held to and for the public uses of the said Public prop- Province, and shall be made with a guage of four feet eight and ^'^ '' one-half inches, and on such grades, in such places, in such manner, with such materials, and on such specifications, as the Mofif of con- Lieu tenant-Go vei-nor in Council shall determine and appoint, as ^aViz'rJoil'**" best adapted to the general interests of the Province, the whole &e. subject to any existing contracts which the Legislature of the Province of Quebec may hereinafter or hereby I'atify and confirm. 3. The construction of the said railway and its management Commissiaa- shall be under the control of three commissioners, to be ap- ^''''"• pointed by the Lieutenant-Governor in Council, who shall, hold oflGice during pleasure. They shall be known by and under the name of " the Com- Tlicir iJesig- missioners of the Quebec, Montreal, Ottawa and Occidental nation. Railway," and when acting as such, within the powers con- rircspon.sUii- ferred by this act, they shall incur no personal liability. ''^>- 4. The Lieutenant-Governor in Council shall and may ap- Kii.>ineets. point a chief engineer, and engineers, over the whole or ovei' any section or part of the said road, who shall hold office dur- ing pleasure, and to whom the said commissioners shall intnist the general superintendence, under their instructions from time to time, of the works to be constructed or completed under the present act. 230 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. Secretary anil Other ofiScers. 5. The commissioners shall and may, subject to the approval of the Lieutenant-Governor in Council, appoint and employ a secretary, such engineers, surveyors and other officers, and also such agents, servants and workmen, as in their discretion they may deem necessary and proper for the execution of the powers and duties vested in and imposed on the said commissioners in virtue of the present act. 6. The commissioners shall have full power and authoritj'', bj^ themselves, their engineers, agents, workmen, servants and contractors, and the servants and workmen of such contractors, 1. To examine, explore and survey the present projected line of railway from Quebec westward, and the country adjacent thereto : 2. And for that purpose to enter into and upon any public land, or the land of any corporatioia or person whatsoever ; ■i. To make surveys, examinations or other arrangements on such lands necessary for confirming, altering, establishing or ' locating the site of the railway, and to set out and ascertain such parts of the lands as shall be necessary and proper for the railways ; To fell 01- ic- 4. And further to fell or remove any trees standing in any move trees. woods, lands Or forests where the railway shall pass, to the distance of four rods from either side thereof. Power of (lit commis.'?ioii- ■eri. To explore ; To enter on lauds ; . To make surveys ; ^f th^^N^s' '^' '^^^ resolution passed on the eleventh day" of August last B. c. cou- 1-'y the directors of the North Shore Railway Company, and firmed. subsequently, to wit, on the 22nd day of November, 1875, as ratified and confirmed by a resolution of the shareholders of the company, purporting to vest and convey all the property of the said railway company in and to the said Province of Quebec, shall, at all times and places, be held to be full, final, complete, and effectual to all intents and purposes whatsoever ; and all the property and rights of action of the said corpora- tion and all the franchises and privileges thereof shall be, and the same are hereby, vested in Her Majesty, to and for the public uses of this Province ; and the enregistration of a copy of the said resolutions, in any registry office in any registration division of this Province, in which any lands are situated, which have at any time heretofore been conveyed or bonded to the said company, shall have the same force and effect, as if such lands had been specially mentioned in the said resolu- tions, and separately, and specially and expressly therein described, any provision of any law or act to the contrary not- withstanding. Kj/thl^Mon- *• The transfer and assignment passed on the second day of treai, Ottawa November, one thousand eight hundred and seventy-five, be- (b" C^'co'i!*™ '^^^^ ^^^^ Dumouchel, notary public, by and between the firmed. Montreal, Ottawa and Western Railway Company, and the Effects. Enregistra- tion and its effect. QUEBEC, MONTREAL, OTTAWA AND OCCIDENTA-L RAILWAY. 231 Province of Quebec, purporting to vest and convey all the property of the said railway company in and to the said Prov- ince of Quebec, shall be held to be full, final, complete and effectual to all intents and purposes whatsoever ; and all the Effects. property of the said corporation, and all the rights and privil- eges thereof, thereby convened or intended so to be, shall be, and the same are hereby vested in Her Majesty, to and for the public uses of this Province ; and the registration of a copy of Enregistra- the said transfer and assignment, in any registry office in any e'^^^t^"*^ ''^ registration division of this Province, in which any lands are .situated, which have at any time heretofore been conveyed or bonded to the said company, shall have the same force and effect as if such lands had been specially mentioned in the said contract or agreement, and separately, specially, and expressly therein described, any provision of any law or act to the con- trary notwithstanding. 9. The contract passed at the city of Quebec, on the twenty- Contract fourth day of September, last past, before Mtre Ph. Huot and MiGree°vV'"" -colleagues, notaries, between the Honorable Charles B. de Bou- confirmed, cherville, representing the Province of Quebec, and the Honor- able Thomas McGreevy, for the construction and completion of that portion of the said railway between deep water in the port of the city of Quebec, and the city of Montreal, and the branch thereof to Grand Piles, is hereby ratified and confirmed. 10. The contract passed before Mtre Dumouchel, notary Contract public, at the city of Quebec, on the sixteenth day of Novem- JacdMald' ber, in the year oE Our Lord one thousand eight hundred and confirmed, seventy-five, between the Honorable Charles B. de Boucher- ville, representing the Province of Quebec, and Dimcan Mac- donald, for the construction and completion of that portion of the said railway between the city of Montreal and the village ■of Aylmer, in the county of Ottawa, with the branch to St. J6r6me,.is hereby ratified and confirmed. 11. The provisions of The QweMc Railway Act, 1869, so far The Quebec as they are applicable to the undertaking hereby authorized, Jjf^j\^^^ jyf ' and in so far as they are not varied by or inconsistent with, the " provisions of this act, shall apply to the said railway to the extent to which they are applicable thereto, and be construed to form part of the present act. The said commissioners, in locating the railway hereby The deposit authorized to be constructed, at any place or point where the tofore"maYe " same is not already located, shall be entitled to avail themselves may be of of the deposit heretofore made by the Montreal, Ottawa and "se. Western Railway Company, or by the Montreal Northern Col- onization Railway Company, in the office of the clerks of the peace for the districts or counties through which the said rail- way was intended to pass, and shall forthwith cause a complete copy of such plans and books of reference to be deposited in the office of the Department of Public Works, and such deposit .•shall be held to be a compliance with the provisions of The 232 QUEBEC, MONTREAL, OTTAWA AN]) OCCIDENTAL RAILWAY. Copies shall be deposited in the Public Works Department. The line heie- tofore adopt- ed, is the true line, but may be chan- ged. Proceedings respecting expropri- ation or ac- quisition commenced may be conti- nued. Consent re- quired. May be com- menced de novo. Damages to be paid. Deposit of plans made by the N. S. R. C. of use. Proceedings of acquisition and expro- priation. Quebec Railway Act, 1869, in respect of plans and surveys, ancE' shall be held to be a sufficient basis for any proceedings to be- taken under the said railway act, to the same extent and in the same manner as if the said commissioners had made and cor- rected maps or pla;ns and books of reference, and had deposited them and copies of them, in conformity with the first and second subsections of the' eighth section of the said Quebec Railway Act, 1869. And the copies now deposited in the said office of the said clerks of the peace, and the copy to be depos- ited in the Department of Public Works, in conformity hereto,, shall be treated, received, dealt with and accepted in every respect as if the same had b.een made and deposited by the commissioners under the provisions of the said eighth section. The line heretofore adopted by the Montreal, Ottawa and Western Railway, unless the same be changed by the said commis- sioners, is hereby declared to be in future, the line of the Quebec, Montreal, Ottawa and Occidental Railway between Montreal and Aylmer, and of the branch to Saint Jerome, but such location shall be subject to all such alterations as shall be made therein, in conformity to the said eighth section of the said railway act ; which alteration shall be made in the manner pre- scribed in the said section. In cases where proceedings have been commenced by the said M ontreal, Ottawa and Western Railway, or by the Montreal Northern Colonization Railwaj', for the expropriation or acquis- - ition of lands for the purposes of the said railway, and have not been completed, the commissioners shall have the right to continue such proceedings under the pro\'isions of the said Quebec Railway Act, 1869, provided the proprietors or persons interested in such lands, shall file with the commissioners a written consent thereto ; but the said commissioners may discon- tinue all anterior proceedings, on the part of the said company, and may commence such proceedings de novo under the said Quebec Railway Act; and in the valuation of such properties allowance may be made to such proprietors, or parties interested, for any actual and material damage which has been caused to them by the discontinuance of such previous proceedings. But no constructive or general damages shall be awarded in relation thereto. The deposit of maps, plans and books of reference, wherever made by or on behalf of the said North Shore Railway Company, and all valuations, tenders, deposits of money, and all other steps and proceedings taken by or on behalf of the said com- pany, towards the acquisition or expropriation of any land or property required for the purposes of the said railway, shall enure to the benefit of the said Province, and the said commis- sioners . shall have the power to take up such procedings, at whatever stage they may have arrived, and to continue and complete the same in the same manner as might have been done by the said company ; and they may discontinue suck proceedings and begin others, according as they may deemn. advisable. QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 233r 12. The said commissioners may enter into contracts and Contracts stipulations with all persons, corporations, guardians, tutors, '^''^ capable- curators and trustees whatsoever, not only for themselves, their those re'pre- heirs, assigns and legal representatives, but also for and in the senting the name of those whom they represent, whether minors, absentees, '""^^P* ^ lunatics, married women, or persons otherwise incapable of contracting, in relation to the purchase of any land or other property necessary for the construction, maintenance and use of the railroad, upon such prices as may be agreed between them ; and they may also enter into contracts and stipulations with such persons and corporations, in respect of the amount of compensation to be paid for all damages sustained by them, by reason of anything done in virtue and under the authority of the present act. 13. As to that portion of the said railway between Aylmer Constructiott aforesaid and the point in the county of Pontiac which shall °f ^^^ portiom be determined upon, as most suitable for crossing the Ottawa nfe^and Pon-- River to connect such portion of the said railway, with the tiac. subsidized portion of the Canada Central Railway, the said commissioners shall build the same by tender and contract, after Tenders. the plans and specifications therefor shall have been duly ad- vertised ; and they shall accept the tenders of such contractors as shall appear to them to be possessed of sufEcient skill, expe- rience and i-esources, to carry out the work or such portions thereof as they may contract for ; provided always, that the said commissioners shall not be bound to accept the lowest, or any tender, if they should deem it for the public interest not to do so, and provided also that no contract under this section shall be concluded by the commissioners, until first duly Assent of tbe^* sanctioned by the Lieutenant Governor in Council. Lieut.-Gov. 14. The contract, to be so entered into, shall be guarded by stipulations .such securities, and contain such provisions for retaining a i" the con- proportion of the contract moneys, to be held as a reserve fund, for such period of time and on such conditions, as may appear to be necessary for the protection of the public, and for secui'ing the due perf omance of the contract. 15. No moneys shall be paid to any contractor until the Certificate re- ehief engineer shall have certified that the work, for or on ac- "^^^ ment***"^* count of which the same shall be claimed, has been duly executed, nor until such certificate shall have been approved of by the commissioners. 16. No member of the Legislature shall be a commissioner. Members of under this act, or shall hohl, or be appointed to any ofiice of Jhe Legisla- emolument under the commissioners, or be a contractor, or party to any contract with the commissioners, for the construction of the railway or any part thereof. 17. The Lieutenant-Governor in Council, or any person or Inspection of persons appointed by him, shall have power to inspect all con- ^^^ commis- ■234 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. aionera' pro- tracts, and proceedings of the commissioners, and to examine ceedings. their accounts at all times. Salary of the -commission- ers and em- ployees. IS. The Lieutenant-Governor in Council shall fix the rate of salary or compensation for the commissioners and the chief engineer, and shall approve of all other salaries to be awarded by the commissioners, subject in all cases to the revision and confirmation of the Legislature. -Suspension of 19. The Lieutenant-Governor in Council shall have the power, works. at any time, to suspend the progress of the work until the then next session of the Legislature. Payments rinade to the -commission- ers. Accounts to be furnished. 20. The Treasurer of the Province shall, from time to time, pay to the commissioners, on their demand, all moneys required under this act, for the purposes thereof in such manner, at such times, and in such sums, as may, from time to time, be ordered by the Lieutenant-Governor in Council. < 31. The commissioners shall furnish quarterly accounts (or oftener if required by the Lieutenant-Governor in Council), to the Treasurer of the Province, of all expenditure and liabilities made and incurred under this act. Arrange- 'ments with fthe Canada '-Central. "Commission- ■ers may ap- -ply to the Fed- eral Parlia- ment respect- 'ing the por- tion from Aylmer ao Pontiac. 22. The commissioners may make such arrangements- with the Canada Central Railway Company, as shall be approved by the Lieutenant-Governor in Council, for the extension of the said Canada Central Railway, from the eastern terminus of the subsidized portion thereof, or from such other point of junction with the said sub-sidized portion thereof, as may be selected, to the Ottawa River, opposite the western terminus of the rail- way hereby authorized to be constructed, or for the construc- tion of a bridge over the said river at the said last mentioned terminus ; and also, to make such arrangements for the transit of rolling stock, goods, freight and passengers over the said subsidized portion of the said Canada Central Railway, and over the Canada Pacific Railway, or any branch thereof, as shall be approved by the Lieutenant-Governor in Council, but such arrangements shall only be binding and conclusive, after having been approved by the Legislature of the Province of Quebec. 23. For the construction of that portion of the said railway lying between the said point fixed or to be fixed in the county of Pontiac, and the eastern terminus of the said subsidized portion of the Canada Central Railway in the Province of Ontario, or such point thereon as may be selected as a point of junction,* the said commissioners shall also have full power and authority, in their quality of such commissioners, to apply to the Parliament of the Dominion of Canada, for authority to constmct such portion of the said railway, subject to such regulations as the Lieutenant-Governor in Council may pre- scribe, and on such terms and conditions, and with such powers, QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 235 franchises and limitations, as the said Parliament of the Domi- nion of Canada may think proper to grant and confer. 24. All that portion of sections two and five of the act of Grant of this Province, 34 Vict., chap. 21, of section three of the act of J^"/^ *° *e! this Province, 36 Vict, chap. 42, and any other provision of pealed. law, whereby a gi'ant of lands has been given or reserved to the North Shore Railway Company or Grand Piles branch thereof, or to the Montreal, Ottawa and Western Railway Company, are hereby repealed ; and the said lands are hereby i-e-united to the public lands of the Province of Quebec, as fully and completely, as if the said sections or provisions had never been passed. 25. The said commissioners are authorized to raise, by way Loan of of loan, a sum not exceeding three millions of dollars, for the l^e^co^^^jg^^ construction of the said road and its branches, and for such sioners. purpose to issue bonds or debentures, as they may, by the Lieu- tenant-Governor in Council, be authorized to guarantee in the Guarantee. name of the Province, that the said railroad shall be completed and put in operation. 26. Such bonds or debentures shall be signed by one of the Debentures commissioners, and countersigned and registered in a special book by the secretary of the said commissioners, and they shall be certified, as having issued under this act, by the Treas- urer of the Province. , They shall be made payable in thirty years, and shall bear interest, interest at a rate not exceeding six per cent per annum, payable semi-annually, on presentation of the interest coupons there- unto annexed. The interest coupons annexed to the debentures shall be Coupons. signed by the secretary of the said commissioners. 27. The bonds or debentures issued by the said commis- When and sioners may be made payable in Canada or elsewhere, and in abie'^* ^^^' currency or sterling, as they shall deem most expedient to faci- litate the negotiation thereof. 28. The said commissioners may sell the bonds or deben- Disposal of, tui-es issued in virtue of the present act and dispose of the * * °° ^' same at such prices as they may agree upon, and the Lieu- tenant-Governor in Council shall approve and direct ; and they interest gua- may guarantee the due payment of the principal and interest ranteed. of the said debentures by first mortgage or hypothec on the said line of railway, and the lands, buildings, rolling stock, plant, and upon all other property, and revenue, and the com- Mortgage. missioners shall be bound, from time to time, to execute any deed or other instrument which the Lieutenant-Governor in Council may approve, which may be requisite to perfect the Mode of charge intended to be created by' such mortgage or hypothec, giH-rantee. ajid to perfect the securities thereby intended to be given, and to enable such charge to be made completely effectual by 236 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. registration thereof, in accordance with the laws of this Province. Mqrtgage to whom made. Trustees. 21). Every such mortgage or hypothec may be, from time to time, made to any corporation, or to any person or persons in the United Kingdom, or in the Dominion of Canada or else- where, as trustees for the holders of the said debentures ; which debentures shall refer to such mortgage or hypothec, and shall be countersigned by the trustees, or one of them, or by some person in their name duly authorized by them in that behalf, for the purpose of identifying such debentures as those which are to be secured by such mortgage or hypothec ; but any bank, or company lawfully incorporated for financial purposes, may be also appointed trustees, and they are liereby authorized to accept such appointment and perform the duties eomiected therewith, as described in such mortgage or hj'pothec. Trustees may take posses- sion in case of non-pay- ment. Eifect of the enregistra- tion. Priority. Power of the trustees. SO. Every such mortgage or hypothec may contain an au- thority to the trustees to take possession of, to work and sell the railway, lands and other property therein comprised, upon default by the commissioners to pay the interest of the deben- tures to be secured thereby, or any part thereof, within such delays respectively, and upon such terms and conditions, as the said commissioners shall agree on, and the LieutenaJit- Govemor in Council approve or direct, as set forth in such mortgage and hypothec. 31. Every such mortgage or hypothec, upon being duly re- gistered in accordance with the laws of this Province by the registration thereof or of an authentic notarial copy thereof, in the registiy offices for all the registration divisions in which shall be situate any part of the railway, lands or other property intended to be affected thereby, and without the registration of any of the debentures issued shall, for the purpose of this act, and of the loan to be made in virtue thereof, take effect in priority from the date of its registration, without reference to the date or dates at which the debentures to be secured thereby, shall be issued, and at whatever subsequent date or dates they shall be issue 1 ; and except when othem'ise provided in the mortgage or hypothec, all the debentures to be issued upon the security thereof , shall be secured thereby pari passu, &ndvfiih- out any preference of one over the other, in consequence of the respective dates of issue thereof, or for any other reason. 33. The trustees may, at all times, in their 1 and own names i without the concurrence or co-operation of any of the deben- ture-holders, enforce all the rights which such mortgage or hypothec shall purport to confer upon them, and all contracts into which, for the purposes of benefiting or protecting the debenture-holders, they may enter with the said commissioners respecting the construction of the railway, or with any other persons, in precisely the same way as if such contracts, aajd such mortgage and hypothec had been made to them for their QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 237 )ym benefit, and that they were the holders of all the deben- lures issued thereunder and intended to be secured thereby ; md for such purpose they may, if necessary, bring or defend n their own names, any actions or suits in any court in the Province of Quebec. S3. It may be a condition of such mortgage or hypothec that Accounts to upon the said trustees assuming to take possession of and work ^® ^^'"1^'^'' f the said railway, they, the said trustees, shall be bound and eee obliged to render periodical accounts to the commissioners, of the earnings and receipts of- the said road, and to pay over to Surplus of the said commissioners any surplus of revenue over and above i'^^^""^- what is required for the payment of the claims of the said deben- ture-holders, and over and above the expense of working and maintaining the said road, the whole subject to such penalty, as in and by the said mortgage may be stipulated for and provided. 34. A sinking fund is hereby established, to which the said Sinking fund, commissioners shall pay an annual sum of one per cent on the amount of the bonds or debentures issued in virtue of this act, and such sum shall be by them paid over to the Provincial Treasurer, in equal semi-annual payments, and shall be invested by and permitted to accumulate under, the management of the said Treasurer. 35. Such sinking fund may be employed in the redemption Redemption of the debentures so issued, in accordance with the instructions of debentures. of the Provincial Treasurer, as approved by the Lieutenant- Governor in Council. 36. From and out of the revenue of the said road, after pay- Orders of ment of the current expenses for the maintenance and working claims. thereof, the first claims to be paid shall be the interest on the bonds and debentures issued by the said commissioners under the present act, and the sums to be devoted to the sinking fund established under section 34 ; the interest payable to the muni- cipal coi-porations as hereinbefore stated shall be the second claim ; and the balance shall be the property of the Crosvn and shall form pai-t of the Consolidated Revenue Fund of the Balance. Province. 37. The municipal grants or svibscriptions for stock men- Municipal tioned in schedule A hereunto annexed, made under the several S'"'*"*! •°" , ' by-laws authorizing the same in favor of the said North Shore road. Railway Company, and of the said Montreal, Ottawa and Western Railway Company, hitherto known as the Montreal Northern Colonization Railway Company, shall be and are nested in the Quebec, Montreal, Ottawa and Occidental Railway, md shall be paid to the Treasurer of the Province. 38. The corporations which have made such grants or sub- Municipal icribed for the said stock shall not be admitted to plead by way F^^ts and )f exception, or for the purpose of modifying their engagements, gatory. 238 ( UEBEC, MONTREAL, OTTAWA AND OCCIDENTAL BAILWAY. the lapse of time, or negligence on the part of the companies, or either of them, in fufilling the conditions or any conditions, under which the said grants or subscriptions for stock were made ; and the said several by-laws are hereby declared to be obligatory, legal and effectual for all purposes what- Delivery and soever ; and the Said corporations shall be respectively bound miSicipa°"° ^^^ obliged to execute, issue and deliver to the Provincial debentures. Treasurer, the total amount of their said respective bonds or debentures, the issue whereof is authorized by such by-laws, and the Treasurer may, when necessary, and as the case may require, negotiate such bonds or debentures. Interest to be S9. The Several amounts of the subscriptions of the munici- IrintT '"'''' pal corporations, to the capital stock, of the " North Shore Rail- way Company," or of the " Montreal Northern Colonization Railway Company," and of the bonuses granted to such com- panies, including the sums already paid, shall be deemed to be invested in the said road, and shall bear interest, to be paid by the said commissioners to the said corporations, at such rate, not exceeding live per centum per annum on their respective- amounts, as the annual revenue of the said road will admit of,, after payment of the cost of maintenance and running expenses, of the interest on bonds or debentures issued under section 25, and of the sinking fund established under section 34, — such interest not to begin to run until after the whole of the said road shall have been completed and put in operation. Balance of 40. The balance of the various subsidies or grants accorded' subsidies and jjy ^}jg ^cts of this Province now in force, to " the North Shore grant, to be Railway Company," and to "the Montreal Northern Colo- paid to the nization Railway Company," and the sums subscribed by the commissio - ^j^jgg qJ Quebec, Montreal and Three Rivers, and the severaf other corporations and municipalities, shall be paid by the Treas- urer of the Province to the said commissioners for the purposes- of this act, and shall be expended on the parts of the road, in; respect of which such subsidies, grants and subscriptions were How spent, given ; and the said payments shall fee made subject to the term of the proviso, relating to the road from the city of Three Rivers to,the Grand Piles, and to the establishment of steani navigation on the St. Maurice, contained in subsection 1 of sec- tion 16 of the act of this Province, 37 Vict., chap. 2, and also subject to the proviso contained in section 21 of the said act. Additional 41. The Lieutenant-Governor in Council may grant to the said |"2''32^^ooo. commissioners, for the construction of the railysray to be built in_ virtue of the present act, another additional subsidy of two millions, three hundred and twenty-seven thousand dollars, as representing the value of the grant in land accorded to the North Shore and Montreal Northern Colonization Railways. ! = io&r °^ *^ ■^^' '^^^ Lieutenant-Governor in Council may, so soon as the- said road or any section thereof shall have been completed,, lease the said road or section thereof to any person or persons, or to any corporation, subject to the approval of the Legislature- QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 239°' 43. And to avoid all doubts it is hereby enacted that " the General in- Quebec, Montreal, Ottawa and Occidental Rq-ilway " is hereby J'lif j™^"^* '" vested with all the rights, powers, immunities, franchises, privi- leges and assets, heretofore by any act granted unto either the North Shore Railway Company, or the Montreal Northern Colonizatian Railway Company, subject nevertheless to any alterations, limitations or restrictions herein contained, and so far as this Legislature may or can do, with all the rights, powers, immunities, franchises, privileges and assets granted by the Parliament of the Dominion of Canada to the Montreal, Ottawa and Western Railway Company. 44. Notwithstanding anything to the contrary in any of the Directors hereinbefore recited acts, or in any of the by-laws hereinbefore abolished. alluded to, the said several corporations shall not be entitled to appoint or to be represented by any directors in the manage- ment of the affairs of the company ; and the directorate con- templated and provided for by the provisions of the said acts is hereby abolished. 45. The contracts or agreements hereinbefore alluded to for Rights ofin— the transfer of the rights and assets of the North Shore Rail- *!u^''^?*L way Company and of the Montreal, Ottawa and Western Rail- vested in the way Company, to the Province of Quebec being ratified, the commission- rights of the individual shareholders, in the said companies, "^' shall be transferred to and vested in the said commissioners in their quality, to and for the uses of this Province. The stock of individual shareholders in the said companies, Stocic ref und- or so much thereof as shall have been paid up, shall be )-efunded *^" to them. 46. And it is further enacted that the said commissioners, in Federal legis— their said quality, by and with the consent of the Lieutenant- a^k°d for* '^"^ Governor in Council, may be and they are hereby authorized to apply to the Parliam'ent of Canada, for any legislation which may be deemed necessary for the purposes of this act. 47. The present act shall come into force on the day of the Act into sanction thereof. ' ^"''^'^' SCHEDULE A. I. Municipal subscriptions and grants to the Montreal Northern Colonization Railway. The city of Montreal $1,000,000 in stock. The county of Ottawa 200,000 The parish of St. Andr6 25,000 The village of Ste. Th^rese de Blainville. . . 12,000 The village of Ste. Th^rese 12,000 The village of St. J6r6me 15,000 The parish of St. J6r6me 10,000 The village of Ste. Scholastique 10,000 240 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. The village of St. Jerusalem d'Argenteuil (Lachute) $25,000 bonus. The village oi: la CAte St. Louis 25,000 in stock. n. Municipal subscriptions to the North Shore Railway. The city of Quebec $1,000,000 in stock. The city of Three Rivers 100,000 The parish of St. Sauveur de Quebec 25,000 41-42 VICTORIA, CHAPTER 3. (Quebec.) An act to place the "Quebec, Montreal, Ottawa and Occidental Railway " under, the control of the Commissioner of Agriculture and Public Works. [Assented to 20th July, 1878.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Control of 1. From and after the coming into force of the present act, tjie Q. M. 0. the " Quebec, Montreal, Ottawa and Occidental Railway" shall be under the control of the Commissioner of Agriculture and Public Works, and the commission created by the act 39 Vict., chap. 2, shall cease to exist. Certain pow- 2. All the powers and duties vested or assigned by the act ers trans- gg Vict., chap. 2, and by any other act or law, in or to the Que- Com. A. and bec, Montreal, Ottawa and Occidental Railway Commissioners, P- ^"^^ shall be transferred to, vested in and exercised by the Commis- sioner of Agriculture and Public Works. Contracts, All contracts, bonds, agreements or engagements, lawfully ©nt'under^his entered into by or with the said Quebec, Montreal, Ottawa and authority. Occidental Railway Commissioners as such, shall enure to the use of Her Majesty, and may be enforced and carried out vm- der the authority of the Commissioner of Agriculture and Public Works, as if they had been entered into with Her Majesty under the authority of the act 32 Vict., chap. 15, and its amendments. Powers of the 3. The powers of the commissioners hereby transferred to ^oXe powMs the Commissioner of Agriculture and Public Works shall, as of the Com. respects the said Quebec, Montreal, Ottawa and Occidental A. and P. w. Railway and works, be in addition to any powers the said commissioner may, as such, have with respect to the said rail- way and works, as public works under the act 32 Vict., chap. 15, and its amendments, and the said commissioner may, in any case relating to the said railway and works, exercise any powers QUEBEC, MONTREAL, OTTAWA, AND OCCIDENTAL RAILWAY. 241 ^ven him by either of the acts hereinbefore cited and applicable to such case, not including, however, the powers of expropria- Proviso. tion for the said railway, which shall be exercised only under ^and in virtue of the provisions of " The Quebec Railway Act, 1869," and its amendments. 4. The present act shall come into force as soon as an order Act in force. in council to that effect shall have been passed and published. 43-44 VICTORIA, CHAPTER 44. (Quebec.) An act respecting the " Quebec, Montreal, Ottawa and Occidental Railway." [Assented to 30th June, 1880.] "Y^HEREAS a bridge, between the city of HiiU and the city Preamble. ' * of Ottawa^ has been commenced, to continue the " Quebec, Montreal, Ottawa and Occidental Railway ;" and, whereas it is imperative that such bridge be continued so that,, within as short a delay as possible, the said road may be connected with the Canada Central Railway, in the city of Ottawa, as well as with the other railway lines of the Province of Ontario, ending in the same centre ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, declares and enacts as follows : 1. It shall be lawful for the Lieutenant-Governor in Council, Completion to order that the bridge already commenced on the Ottawa auttorized'^* River, between the cities of Hull and Ottawa, be completed, so as to continue the " Quebec, Montreal, Ottawa and Occidental Railway " to the said city of Ottawa. 2. The Lieutenant-Governor in Council may, for that pur- Power to ac- pose, authorize the purchase of ail lands necessary, and the l^'^f'*'^.?' ^ erection of all buildings required, for a freight and passenger purpose, station, in the said city of Ottawa. 3. Such bridge, buildings and station shall be considered as Bridge, &c., forming an integral portion of the " Quebec, Montreal, Ottawa considered ^nd Occidental Railway," under the provisions of the act of ^\ q r " this Province, 39 Vict., chap. 2, and its amendments. 4. This act shall come into force on the day of the sanction Act in force, thereof. 16 242 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY, 44-45 VICTORIA, CHAPTER 2. (Quebec.) An act respecting the Quebec, Montreal, Ottawa, and Occidental Eailway, and to ratify certain arrangements made in connection therewith. [Assented to 30th June, 1881.] Preamble. "fTlT'HEREAS, by the act of this Province, 39 Victoria, chapter ' ' 2, the Government of Quebec was authorized to build and did build thfe Quebec, Montreal, Ottawa and Occidental Rail- way ; that the construction of the said railway was commenced, in virtue of the said act, under the control of three commis- sioners and continued under the control of the Commissioner of Agriculture and Public Works, in virtue of the act 41-42 Vict., chap. 3 ; Whereas, by the said act, 39 Victoria, chap. 2, the line of the said railway, should have been as follows : " commencing at the- port of Quelpec, and extending from deep water in the said port, via Montreal, to such point in the county of Pontiac as may be most suitable for connecting hereafter the said railway with the subsidized portion of the Canada Central Railway ;" And whereas, in consequence of a change in the line, serious difficulties Ijave arisen respecting the financial arrangements,, relating to the said railway, made between the Government and the city of .Montreal, and sanctioned by the said Legislature, — the said city pretending that the conditions under which it subscribed the sum of one million dollars for the construction of the western section of the said railway, had been by such change, seriously affected and changed ; Wheres^s, for the purpose of settling these difiiculties, new arrangements have been entered into between the Commisioner of Agriculture and Public Works, acting as such, and the cor- poration of the city of Montreal, in conformity with resolutions passed by the council of the said city ; and whereas it is in the interest of the Province that such resolutions and arrangements, entered into between the Government and the city of Montreal, should be ratified and confirmed ; Whereas, under the provisions of the act 43-44 Victoria, chap. 47, the Government of Quebec has the right, by means of a proclamation to that effect, to declare that it intends to carry on the work which the company organized by the said act, had prayed the Legislature to be authorized to do, and that, in con- sequence of the powers granted to it by the provisions of the said act, the Government of Quebec did, on the fourth day of April last, issue a proclamation in accordance with the said act; Whereas it is expedient that the Government should construct a branch line connecting the Quebec, Montreal, Ottawa and Occidental Railway with the Grand Trunk Railway of Canada,. QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 243 starting from a certain point between Sault-au-Recollet and Mile End stations, upon the line of the Quebec, Montreal, Ot- tawa and Occidental Railway, and joining the Grand Trunk Railway of Canada, at a point on its line, near Dorval station, in the parish of Lachine ; Whereas the Government of the Province of Quebec was obliged, in order to procure the ballast absolutely necessary to complete the eastern section of the Quebec, Montreal, Ottawa and Occidental Railway, to construct a railway between the town of Joliette and a place in the parish of Ste. Elizabeth, where there is a gravel pit, now being worked on account of the Quebec, Montreal, Ottawa and Occidental Railway; and whereas, in order to reach such gravel pit, it is necessary that the cars of the said railway should traverse the whole line of the Joliette Railway from Lanoraie Junction to the town of Joliette ; Whereas it is expedient to acquire the property in the Joliette Railway Company, as well as the property in the branch line connecting the town of Berthier with Berthier station, on the line of the Quebec, Montreal, Ottawa and Occidental Railway,, so as to establish a regular service and uniform tariff between, these branches and the main line ; Whereas it is expedient to have these branches and portions of road declared to be part of the main line of the Quebec,. Montreal, Ottawa and Occidental Railway ; WhercEis it is advisable to assure to the Quebec, Montreal,. Ottawa and Occidental Railway as much local traffic as possible ;. Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The resolutions set forth in schedule A annexed to this Resolutions act, passed by the council of the city of Montreal on the 15th gchedSe A, November, 1880, respecting the Quebec, Montreal, Ottawa and ratified, &a. Occidental Railway, are hereby ratified and confirmed, declared legal, final, complete and binding, to all lawful purposes, any former by-law, order or resolution of the council of the said city, and all statutes or laws to the contrary notwithstanding. 2. The report set forth in schedule B annexed to this act, Report, set of a committee of the Honorable the Executive Council, dated ^°''*^*'j^-''*'®~ the 26th November, 1880, and approved by the Lieutenant- tiM, Ite." Governor on the 30th November, 1880, is also ratified and con- firmed, declared valid, legal and binding, for all lawful pur- poses, any statute or law to the contrary notwithstanding. 3. The resolution set forth in schedule C annexed to this Rpsolutionj. act, adopted by the council of the city of Montreal on the 19th ^f^S C.. January, 1881, respecting the extension of the Quebec, Mon- ratified, kci treal, Ottawa and Occidental Railway to the Quebec Gate Bar- racks, in Montreal, is ratified and confirmed, declared valid, legal and binding, for all lawful purposes, any statute or law to the contrary notwithstanding. 244 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. line or rail- way, ratilied, &c. Line between St. Vincent de Paul and St Martin's Junction, made perma- nent. 4. The changes made during the year 1878, under the orders o£ the Commissioner of Agriculture and Public Works, acting as such, respecting the line of the Quebec, Montreal, Ottawa and Occidental Railway, vid St. Martin, between St. Vincent de Paul and St. Martin's Junction, in the county of Laval, are ratified, confirmed and legalized for all lawful purposes. 5. That part of the Quebec, Montreal, Ottawa and Occidental Railway, between St. Vincent de Paul and the said St. Martin's Junction shall, for the future, be considered as a permanent line, and as forming an integral portion of the said railway, in the same manner as if such line had been authorized by the act of this Province, 39 Vict., chap. 2. Terminus at 6. The terminus of the said railway, is hereby established tebUBhrd.*'" ™ Montreal, at the place called the " Quebec Gate Barracks," in the said city. 39 Vict., c. 2, T. Section 1 of the act of this Province, 39 Victoria, chap. 2, ^^ai^d'% ^® repealed and replaced by the following, which shall be con- replaced, sidered as having always been section 1 of the said act : Railway to be built : Where ; Brancbes ; Name. Municipal subscriptions not affected. " 1. There shall be a railway constructed, commencing at the port of Quebec and extending from deep water in said port, vid St. Martin's Junction, in the county of Laval, to Montreal, and from the said St. Martin's Junction to such point in the county of Pontiac, as may be most suitable for connecting hereafter the said railway with the subsidized portion of the Canada Central Railway and with any other railway, as the Lieutenant-Governor in Council may hereafter decide, includ- ing therein a branch line from the city of Three Rivers to the Grandes Piles, and another from Ste. Th6rese to St. J^r6me ; and such railway shall be styled and known as " The Quebec, Montreal, Ottawa and Occidental Railway." 8. The location of the said railway as it now exists and made permanent by this act shall not, in any manner, affect the municipal subscriptions which shall be considered as hav- ing been made for the railway, as set forth in the preceding section. Consolidated 9. The provisions of the Consolidated Railway Act, 1880, fg^so^appliesl ^^^ ^^^ °^^^^ provisions of law relating to the Quebec, Mon- treal, Ottawa and Occidental Railway, respecting any work and undertaking therein mentioned, shall apply to this act, in so far as they are consistent with it and of a nature to for- ward the construction and final completion of the said Quebec, Montreal, Ottawa and Occidental Railway. connertQ. **• ^^ ^^^^1 t)e lawful for the Lieutenant-Governor in Coun- M. 0. and 0. cil to Order the construction of a branch line to connect the Trunlfautlfor- Q^^hec, Montreal, Ottawa and Occidental Railway with the ized. Grand Trunk Railway of Canada, the said branch to start from QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 245 any point between the Saiilt-au-E6collet and Mile End stations, and connecting the said line with the Grand Trunk Railway of Canada, at a point on the line of the latter near Dorval station ; provided that the cost of the construction of the said Proviso. line, shall not exceed the sum of one hundred thousand doUa.rs. 11. The said branch shall form part of the main line of the Branch to said Quebec, Montreal, Ottawa and Occidental Railway, as if *^°'™ PF* "^ such branch had been authorized by the act 39 Vict., chap. 2. 12. It shall be lawful for the Lieutenant-Governor in Coun- Joliette rail- cil to authorize the Commissioner of Railways to acquire, from ^'^7 P^J ^^ the Joliette Railway Company, the property in its road from the ^'^'^""'^ River Saint Lawrence, at Lanoraie, as far as the town of Joliette, for a sum not to exceed sixty -five thousand, seven hundred and Amount, fifty doUars. 13. It shall be lawful for the Lieutenant-Governor in Coun- Berthier cil to authorize the Commissioner of Railways to acquire the ^'"^'^^ ™*J Berthier branch, extending from the town of Berthier as far as Berthier station on the line of the Quebec, Montreal, Ottawa and Occidental Railway, including the right of way, the wharves, station and the switch line to the factory of the Union 8ucriere, the whole for a sum not to exceed twenty-nine thou- Amount, sand dollars. 14. The Joliette Railway Company is authorized to transfer Joliette rail- to the Government of this Province, all its property, both J'^^l t*" \rans- movable and immovable, and all rights held by.it under its fer its proper- charter, '■y *" Govern- ment. 15. The Berthier branch, as well as the line of the Joliette Certain company and the continuation of the railway now built, from ^e^^ar'^ed^ part the town of Joliette, to a point in the parish of Sainte Elizabeth, of main line, where there is a gravel pit, is declared to be a portion of the Quebec, Montreal, Ottawa and Occidental Railway, as if the provisions of the act 39 Victoria, chapter 2, applied to the con- struction of these lines. , 16. It shall be lawful for the Lieutenant-Governor in Coun- Letters-pa- cil to grant letters-patent authorizing a company to build a ^^^}^ V^^y ^^ branch line, starting from a point on the line of the Quebec, Jjujid branch Montreal, Ottawa and Occidental Railway, at or near the parish to or near Ste. of Ste. Th6rese and extending to another point in the parish '■^'^^''^se. of St. Joseph via the village of St. Eustache, the said branch not to exceed ten 'miles in length. IT. It shall be lawful for the Lieutenant-Governor in Coun- Letters-pa- cil to grant letters-patent to permit any company to construct [g^,Vd to '^^ a branch line, starting from a point in the parish of St. Jeru- build branch salem d'Argenteuil (Lachute) and extending to another point *° ^'- Andrd. in the parish of St. Andr^, in the county of Argenteuil. QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. How such 18. The companies formed by letters-patent in virtue of the be"govemed' *^° preceding sections, shall be governed by and have all the powers conferred by the Consolidated Railway Act of Quebec, 1880, upon companies regularly incorporated. 19. The Lieutenant-Governor in Council, in lieu of construct- ing that portion of the Quebec, Montreal, Ottawa and Occid- ental Railway, between the village of Aylmer and that point in the county of Pontiac most suitable to connect the same with the subsidized portion of the Canada Central Railway, as pro- vided by the act 39 Victoria, chap. 2, and its amendments, may grant a bonus of six thousand dollars per mile, for a length not exceeding eighty-five miles, to the Pontiac Pacific Junction Railway Company, for each mile which the said railway com- pany shall construct between the said village of Aylmer or the city of Hull and the town of Pembroke : such bonus shall be payable as each ten miles of the said road is put in good run- ning order to the satisfaction of the Lieutenant-Governor in Council. Bonus may te granted to Pontiac P'aci- ific Junction Railway in lieu of build- ing certaia line. Bonus how payable. Schedules 20. The schedules annexed to the present act, shall be con- part of act. sidered as forming part thereof. Act in force. 21. This act shall come into force on the day of its sanction. SCHEDULE A. Extract from minutes of council, adjourned monthly meeting, Monday, fifteenth November, one thousand eight hundred and eighty. Present : — His worship the acting mayor, alderman Oilman. Aldermen : — Laurent, Grenier, Hood, Donovan, Holland, ■Gen^reux, Robert, Allard, Green, McShane, Hagar, Jeannotte, Gauthier, Lavigne, Watson, Mooney, Dubuc, Fairbairn, Wilson, McCord, Proctor, Kennedy, Thibault. The order of the day being read, to consider a report from the special committee on the proposition of the Government, relative to the terminus of the Quebec, Montreal, Ottawa and Occidental Railway, the following reports were brought up and read : TO THE CITY OF MONTREAL. The special committee on the railway respectfully report : On the accompanying letter of the Hon. Mr. Chapleau, Com- missioner of Agriculture and Public Works, of date the 5th November, 1880, submitting the conditions upon which the Government will settle the question of the terminus of the Quebec, Montreal, Ottawa and Occidental Railway in this city ; That, after recapitulating the proceedings and arrangements already taken and arrived at, as regards this long pending QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 247 •question, the Hon. Mr. Chapleau sttbmits the following condi- tions as the basis of the arrangement to intervene between the •Government and the corporation, viz : " 1. The Government will extend at their cost, within one " year from this day, the line of the Quebec, Montreal, Ottawa " and Occidental Railway, from its terminus at Hochelaga to " the property known as " the Quebec Oate Ba/rracks," following " the line indicated on the plan transmitted to the Government " by your corporation, that is to say : running along the River " St. Lawrence from Hochelaga as far as the barracks, or, if the ■" cost of the expropriation be not higher, following a direct line " from the Hochelaga station to the vacant lot in rear of the '" Montreal common gaol, and thence crossing St. Mary street " and running along the river by the line above indicated ; " 2. The Government will build a suitable freight and pas- ~" senger station and other buildings in connection with a station ■" on the barracks property ; " 3. They will build, besides, on the grounds belonging to " them in rear of the Montreal gaol, the engine-houses, work- " shops and other necessary erections for the western section of " the Quebec, Montreal, Ottawa and Occidental ; an accommo- "dation station shall also be established in the immediate •" vicinity of the gaol, the corporation giving, for the construc- " tion of that part of the railway the right of crossing St. " Mary street, in the most convenient manner for the circulation "" of carriages and foot passengers in the said street ; " 4 The corporation, on their part, will undertake to carry *' out the expropriation of the necessary lots of ground for the " construction of the said railway, less however the lots already ■" belonging to the Government, and, for such expropriation, the "Government bind themselves to pay a sum not exceeding " $132,000, if however that sum be required for the complete " payment of all the lots so expropriated ; " 5. The Government bind themselves to ask, for the corpor- "'ation of the city of Montreal, at the next session of the "Legislature, the necessary powers for expropriation, if re- " quired ; " 6. The corporation shall cede gratis to the Government the '" lots of ground above mentioned, that is to say : " (1). The property known as the " Quebec Gate Barracks," " 252,404 feet in superficies ; " (2). The portions of Dalhousie square and St. Paul and La- "croix streets, &c., &c., sj)ecified on plan submitted to the " Government, comprising 53,596 square feet ; " ^3). The land and buildings of the military store, comprising ■" 12,256 square feet ; " 7. The corporation shall give, as a contribution towards the " construction of the bridge at Hull, a sum of $50,000, so soon •" as that bridge shall be open to traffic and the arrangements 248 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. " now proposed shall be accepted by the corporation and the-^ " Government ; " 8. The corporation, moreover, shall waive all claims, rights " and interests that they may pretend to have in relation to the " sum of $346,644, already paid to the Government for the- " construction of the said railway, the said sum, as well as the "new grants of lots of ground and money being considered as. " a final settlement ; " That, in the opinion of your committee, the offer contained in the fore part of condition vumber one, to bring the said railway from Hochelaga to the Quebec Gate Barracks property, by a line running along the River St. Lawrence, commends itself to the fayorable consideration of the council, and they respectfully suggest that it be adopted, subject to the conditions- numbers two, three, four, five, six, seven and eight in the said letter ; — but with the understanding that the number of super- ficial feet of ground to be ceded by the city, as specified in condition number six, shall be subject to verification by the^ city's engineer, according to plans and titles, and that the sum of $50,000, to be paid by the corporation towards the con- struction of the bridge at Hull, shall be payable only after the cars shall be ready to run into the proposed station at the- Quebec Gate Barracks ; In case the Government should determine to adopt and carry out the line referred to in the latter part of condition number one, that is to say, following a direct line from the Hochelaga station to the vacant lot in rear of the Montreal gaol, and thence crossing St. Mary street, and running along the river as far as the Quebec Gate Barracks, your committee are not of opinion that the corporation should assist in the carrying out of such line further than by the gratuitous cession of the Que- ■ bee Gate Barracks property and the portions of Dalhousie- square and St. Paul and Lacroix streets aforesaid, and the con- tribution of $50,000 towards the construction of the bridge of" Hull as aforesaid : and, in doing so, your committee deem it their duty to direct the attention of the Government to the fact that, in adopting this line, the railway will have to cross eight or nine streets, thus causing much danger to life and property,, to say nothing of the great inconvenience and interruptions- that will be thereby occasioned to the public in that important, section of the city. The whole, nevertheless, respectfully submitted. (Signed,) H. A. Nelson, J. Grenier, M. Laurent, Thos. D. Hood, E. K. Greene, J. McShane, Jr. Committee Room, City Hall, Montreal, 9th November, 1880. QUEBEC, MONTEEAL, OTTAWA AND OCCIDENTAL RAILWAY. ' 249* The finance committee respectfully report : That, as directed by the council, they have considered the accompanying report of the special committee on railway, con- cerning the location of the terminus and workshops of the Quebec, Montreal, Ottawa and Occidental Railway, and that they concur in the recommendation therein made. The whole, nevertheless, respectfully submitted. (Signed,) H. A. Nelson, M. Laurent, E. K. Greene, J. Grenier, J. H. MOONEY, E. A. Gl^NjfiREUX, J. McShane, Jr. Committee Room, City Hall, Montreal, 9th November, 1880. Alderman Grenier moved, seconded by Alderman Hood, that the said report be adopted. Alderman Jeannotte moved in amendment, seconded by Alderman Gauthier : That the said report of the special committee on railway b& amended, by striking out all the words after " that in the- opinion of your committee," and substituting in their stead, the- foUowing : " That this council is of opinion the line last men- " tioned in the letter of the Honorable Premier, i. e., starting- " from Hochelaga, in a straight line to the vacant lot in rear of " the common gaol of Montreal, thence across St. Mary street, " and running along the river side as far as the Quebec Gate " Barracks, together with the engine-houses, the workshops in " rear of the gaol, and a station in Ste. Catherine street, is highly " advantageous for the Quebec suburbs in particular, and the " whole city in general ; That this council do, therefore, accept- " this last proposition, which would only be carrying out, in " part, the promises and agreements entered irfto by the cor- " poration as well as by the Government, and be an act of justice " to that portion of the city, with the understanding, however,, " that the number of superficial feet of ground to be ceded by " the corporation, as specified in the Honorable Mr. Chapleau's. "letter, shall be subject to verification by the city's engineer,, " according to plans and titles, and that the sum of $50,000, to " be paid by the corporation towards the construction of the " bridge at Hull, shall be payable only after the cars shall be " ready to run into the proposed station at the Quebec Gate- " Barracks ; " This council deems it its duty to direct the attention of then. 2§0 QUEBEC, MONTREAL, OTTAWA AND OCCiBENTAL RAILWAY. " Government to the fact that, in adopting- the line on the river " side, from Hochelaga to the gaol (the wharf between these ■" points being only 80 feet wide), much damage will be caused ''to trade and navigation, and life and property endang- "' ered, to say nothing of the great inconvenience and greater "expenditure that will be thereby occasioned to trade and " shipping, as well as to the public in that important section of " the city." The council divided thereon : Yeas : — Gauthier and Jeannotte. — 2. Nays : — Thibault, Kennedy, Proctor, McCord, Thos. Wilson, Fairbaim, Dubuc, Mooney, Watson, Lavigne, Hagar, McShane, Greene, Allard, Robert, G6n6reux, Holland, Donovan, Hood, '■Grenier and Laurent. — 21. So it was lost. Alderman Jeannotte then moved in amendment, seconded by ■•alderman Gauthier, That a space of 50 feet in width along the line of Notre- Dame street, in front of the proposed station, be reserved for the purpose of widening said street. The council divided thereon : Yeas : — Gauthier and Jeannotte. — 2. Nays :— Thibault, Kennedy, Proctor, McCord, Thos. Wilson. Eairbairn, Dubuc, Mooney, Watson, Lavigne, Hagar, McShane, -Greene, Allard, Robert, Gen6reux, Holland, Donovan, Hood, «Grenier and Laurent. — 21. So it was lost. The question then being put on the main motion. The council divided thereon. Yeas : — Kennedy, Proctor, McCord, Thos. Wilson, Fairbaim, Dubuc, Mooney, Watson, Lavigne, Hagar, McShane, Greene, Allard, Robert, G6n6reux, Holland, Donovan, Hood, Grenier and Laurent. — 20.» Nays : — Thibault, Gauthier and Jeannotte. — 3. .So it was carried in the affirmative and resolved accordingly. (Certified,) (Signed,) Chs. Glackmeyer, City Clerk. QUEBEC, MaNTEEAL, OTTAWA AND OCCIDENTAL RAILWAY. 251 Letter of the Honorable Mr. Chapleau, referred to in the foregoing report of the special committee on railway. DEPARTMENT OF AGRICULTURE AND PUBLIC WORKS, Quebec, 5th November, 1880. To His Honor the Mayor, the Aldermen ^and citizens of the city of Montreal. Gentlemen, Since the last interview which the Government of Quebec had the honor of having with the members of the committee of your council delegated to see to the settling of the question of a terminus of the Quebec, Montreal, Ottawa and Occidental Railway in Montreal, I have submitted to the Executive Coun- cil, the proposals which I had made to your committee. I now have the honor to represent : That it is of the greatest importance both for the city of Montreal ajid for the Quebec Government that the question, so long discussed and too frequently postponed, of a terminus of the Quebec, Montreal, Ottawa and Occidental Railway in the sity of Montreal, should be finally settled ; That the conditions of the by-law originally passed by the council have already been considerably modified by new agree- ments entered into by the Quebec Government and the cor- poration of Montreal, to wit, by the agreements and the legis- lation of 1875 and by the compromise made by the corporation of Montreal in February, 1879 ; That, as early as the 25th of May, 1877, the Quebec Govern- ment had notified your corporation that it was prepared to place the terminus of the said railway and to build a passenger and freight station as well as workshops for the western section of the road in the eastern portion of the city of Montreal, pro- vided that the corporation would fulfil its obligations ; That this offer of the Government was unfortunately refused by a resolution of the council of your corporation, bearing date the 30th of May, 1877, which resolution was however set aside by another one of your council, bearing date the 21st of February, 1879 ; Tliat, since that datcv one of the chief conditions of the agree- ments and of the legislation of 1875, to wit, the point of junc- tion of the two lines of railway running from Quebec and Ottawa respectively to Montreal, which was, under the terms of the agreements, to be within the limits of the city, has been irrevocably altered and changed by the accomplished fact of the building of the road as far as St. Martin ; That, on the 15th of March, 1880, at an interview which took place at Montreal between the Government and the delegates of the corpojration, the latter caused an offer to be made to the Govemment toi settle, in a definite manner, the question of a site for the said terminus of the railway as also all questions 252 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. connected with the reciprocal obligations of the Government and corporation ; That, at the said interview, the corporation proposed to the Government that, in the event of the latter building a terminas at the place known as the " Quebec Gate Barracks," the cor- poration would undertake not to make any claim against the Government for the $346,644, already paid by it for the con- struction of the said road and to raise no objections on account of the non-fulfilment of the obligations of the Government towards the corporation, as to the construction of the said roaid, and moreover to give the Government : 1. a sum of $50,000 in money, such sum to be considered as the contribution of the city of Montreal towards the building of the Hull bridge ; 2. the property of the barracks, properly so-called, namely: 252,404 square feet ; 3. a certain extent of ground, now form- ing part of Dalhousie square, and St. Paul and Lacroix streets, &c., &c., namely : 53,596 square feet ; 4. the property on which are built all the military stores attached to the said barracks property, the whole covering an extent of 12,256 square feet, according to the plan then transmitted by the corporation to this department ; This proposal of the corporation was to take the place of a final settlement, between the Government and itself, and to re- place all provisions contained, either in the by-laws or in the agreements between the corporation and the Government, not- withstanding any legislative enactments to the contrary ; That, subsequently, by a letter which I addressed to your corporation in the course of last April, I insisted, before com- municating the intentions of the Government as to these new proposals, that, in the event of an understanding being arrived at, the corporation would itself undertake to make the expro- priations which might be necessary for the construction of the line, from Hochelaga to the " Barracks," and the building of a station at the latter place, in accordance with the plans then submitted, the Government promising, if the proposed arrange- ,ment was accepted, to pay for the said expropriations, an amount not exceeding $120,000 and 10 020 additional on the latter amount, to complete, if necessarj'^, the payment of such expropriations, the corporation itself to pay all amounts beyond the $120,000 and the 10 020 additional to be paid for such ex- propriations ; That, at a meeting held on the 30th April last, the select committee charged by your corporation with the Quebec, Mon- treal, Ottawa and Occidental Railway matter, recommended the accepting of the proposal contained in my letter, by asking that the corporation be clothed with the necessary authority to proceed with such expropriations, in the event of the powers already conferred upon the city by its charter, being sufficient, and, at a subsequent meeting of the council, the report and re- ■ commendation of the said committee were adopted ; That, by reason of the premises, the Government came to the following-conclusions, which it submits to your honorable coun- cil,, asking for its concurrence : QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 253 1. The Government will extend at their cost, within one year from this date, the line of the Quebec, Montreal. Ottawa and Occidental Railway, from its terminus at Hochelaga to the property known as " The Quebec Gate Barracks," following the line indicated on the plan transmitted to the Government by your corporation, that is to say : running along the River St. Lawrence from Hochelaga as far as the Barracks, or, if the cost of the expropriation be not higher, following a direct line from the Hochelaga station to the vacant lot in rear of the Montreal common gaol, and thence crossing St. Mary street and running along the river by the line above indicated ; 2. The Government will build a suitable freight and pas- senger station and other buildings, in connection with a terminus on the barracks property ; 3. They will build, besides, on the grounds belonging to them in rear of the Montreal gaol, the engine-houses, workshops and other necessary erections for the western section of the Quebec, Montreal, Ottawa and Occidental Railway ; an accommodation station shall also be established in the immediate vicinity of the gaol ; the coi-poration undertaking to give, for the construction of that part of the railway, the right of crossing St. Mary street, in the most convenient manner for the circulation of carriages and foot passengers in the said street ; 4. The corporation, on their part, shall undertake to carry out the expropriation of the necessary lots of ground for the construction of the said railway, less, however, the lots already belonging to the Government, and, for such expropriation, the Goivemment bind themselves to pay a sum not exceeding $132,- 000, if, however, that sum be required for the full payment of air the lots so expropriated ; 5. The Government bind themselves to ask, for the corpora- tion of the city of Montreal, at the next session of the legis- ktm-e, the necessary powers for expropriation, if required ; 6. The corporation shall cede gratis to the Government the lots of ground above mentioned, that is to say : (1) . The property known as the Quebec Gate Barracks, 252,- 404 feet in superficies ; (2). The portion of Dalhousie square and St. Paul and La- croix streets, etc., etc., specified on the plan submitted to the Government, comprising 53,596 square feet ; (3). The land and buil'dings of the military stores, compris- ing 12,256 square feet ; 7. The corporation shall give, as a contribution towards the construction of the Hull bridge, the sum of $50,000, so soon as the said bridge shall be open to traffic, and the arrangements now proposed shall be accepted by the corporation and the Government ; 254 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. 8. The corporation, in fact, shall waive all claims, rights and. interests that they may pretend to have, in relation to the sum of $346,664, already paid to the Government for the construc- tion of the said railway, the said sum, as well as the new grants- of lots of ground and money, being considered as a final and conclusive settlement. I have the honor to be, gentlemen. Your obedient servant, J. A. Chapleau, Premier and Commissioner of Agriculture and Public Works.. Quebec, 5th November, 1880. SCHEDULE B. Copy of the report of a committee of the Honorable the ExecuT- tive Council, bearing date the 26th November, 1880, approved by the Lieutenant-Governor on the 30th November, 1880, Relating to the terminus of the Quebec, Montreal, Ottawa- and Occidental Railway in the city of Montreal. The Honorable the Commissioner of Agriculture and Public Works, in a ]."eport of the twenty-sixth day of November in- stant (1880), states that, in the beginning of the present month,, the Government of Quebec made certain formal propositions to- the corporation of the city of Montreal, with a view of arriving at a definite understanding on both sides, with regard to the lo'Jality to be chosen for the terminus of the Quebec, Montreal, Ottawa and Occidental Railway, and the construction of the station and workshops in the city of Montreal. The corporation of the city of Montreal having taken the proposition of the Government into consideration, at the sitting of the city council on the fifteenth of November instant, adopted an order of the day, accepting the propositions of the Government, which are stated at lengtn in the minutes of that sitting of the city council (a copy of which is annexed to the report of the honorable the commissioner) and which are sum- med up as follows : " With a view to concluding this matter, the Government of Quebec informs the council that should it accept the proposi- tions made by the Government, the alteration which the council seem to want, with respect to verifying the extent of ground' to be given by the corporation, the date of payment of the- fifty thousand dollars for the Hull bridge and the scheme of a- road from Hochelaga straight to the gaol grounds^ would be accepted by the Government, that is to say ;; QUEBEC, MONTREAL, OTTAWA AND OCCIBENTAL BAILWAY. 255. 1. The number of feet in superficies of the ground to be given to the Government by the corporation and mentioned in the written proposition of the Government, shall be subject to verification by the city engineer according to the plans and titles ; , 2. The sum of fifty thousand dollars ($50,000), contributed towards the Hull bridge, shall be paid by the corporation to the Government, so soon as trains shall run into the Quebec Gate Barracks station ; 3. If the Government adopts as the track, a straight line from Hochelaga to the grounds behind the gaol and from there along the river to the grounds at the barracks, the contribution of the corporation towards the road and the terminus shall be limited to the gratuitous grant of the ground at the barracks and the portions of Dalhousie square, St. Paul and Lacroix streets, agreed upon, and in the gift of fifty thousand dollars ($50,000), towards the Hull bridge, as above stated. So soon as your council shall signify its acceptance of these propositions, with the above modifications, orders will be given for the immediate execution thereof. Thus, the city council of Montreal were favorable to and adopted, at its sitting of the fifteenth of November instant, the propositions, of the Government, oifering a final settlement of the question of the terminus, etc., in Montreal, subject to the modification spoken of in the minutes of the said sitting. Considering that it is expedient to carry out the clauses of" the agreement, as accepted by both parties, which constitutes a definite settlement of this important question of the terminus-, of this railway in Montreal, upon conditions satisfactory ta> every one, the Honorable Commissioner recommends that he be authorized to record by deed, the acceptance to. the city council of Montreal, as stated in his letter of the said corporation, of" the fifth November instant, and in the minutes of the said sitting of the fifteenth November instant, with the modification therein mentioned, and to notify the corporation of the city of" Montreal, that the Government accepts the terms of the defiiiite settlement of the question of the terminus, etc., in Montreal, as , stated in the said minutes. The Honorable Commissioner further recommends that he be • authorized to carry out the said agreement, to order the neces- sary works for this object, and to sign all such deeds and documents as may be necessary to carry out the said agreement. . The committee concurs in the above report, and submits it , to the .Lieutenant-Governor for his approval. (Certified,) F:^Lix Foetiee, Clerk of the Executive Council; . 256 QUEBEC, MONTREAL, OTTAWA AND OCCIDENTAL RAILWAY. SCHEDULE C. Extract from the minutes of a meeting of the city council, held on the 19th January, 1881. Submitted and read, a letter from the Honorable Mr. Chap- leau, dated 15th January, 1881, transmitting a copy of the Order in Council, concerning the extension of the Quebec, Montreal, Ottawa and Occidental Railway to the Quebec Gate JBarracks. On motion of alderman Laurent,' seconded by alderman Nelson, it was Resolved, — That, in view of carrying out, without further •delay, the proposition contained in the letter of date 17th instant, of the Honorable Premier of the Province of Quebec, io his Worship the Mayor, suggesting that this council agree ito proceed forthwith, to the expropriation of the properties required for the continuation of the Quebec, Montreal, Ottawa and Occidental Eailway, on the river side, to the Quebec Gate Barracks, a special committee be appointed with full power and .authority to confer with the Quebec Government and decide upon the mode of procedure to be followed, in order to carry ■out the said expropriation ; said committee to be composed of .aldermen Nelson, Grenier, Allard, Laurent, Hood, Greene and -McShane. (Certified,) Chs. Glackmeyer, City Clerk. Extract from the minutes of a meeting of the special committee on railway extension, held on the 22nd January, 1881. Present : — Aldermen Nelson, Laurent, Grenier, Allard and ■Greene. . Submitted and read, the letter of the Hon. Mr. Chapleau, •dated the I7th January instant, concerning the extension of the Quebec, Montreal, Ottawa and Occidental Railway to the •Qiebec Gate Barracks property. Resolved, — That the proposition to appoint two persons to ;secure so much of the property required for such extension, as may be required, by amicable arrangement, be approved of, .and that Jean-Baptiste Resther, architect, be appointed by this committee to act with the gentleman to be chosen by the "Government for that purpose ; and that alderman Laurent be Tequested to assist and co-operate with these gentlemen in attaining the object in view. (Certified,) Chs. Glackmeyer, City Clerk. WESTERN SECTION OF Q. M. 0. AND 0. R. 257 "Extract from a letter of the Honorable J. A. Chapleau, Commis- sioner of Railways, dated the l7th January, 1881, to His Worship the Mayor of the city of Montreal. There now remains only the question of expropriation which may retard the carrying out of our arrangement. I wish to inform your council that if the corporation of Montreal consent to accept the system of expropriation pre- scribed for the building of the railway, the Government will commence expropriation proceedings immediately, and this, after all, would be the best plan to adopt. If, on the contrary, you wish to have the expropriation made -according to the plan adopted for municipal improvements, you would be obliged to wait special legislation for that pur- pose, and that would necessarily cause considerable delay. In the meantime the Government is ready to appoint a person who, with the person appointed by the corporation for that purpose, would attend to the expropriation in all cases in which it will be possible to come to an amicable arrangement with the proprietors. I have reason to believe that by this means we could acquire nearly all the property required for the construction of the railway without having recourse to forced expropriation. On receipt of your reply the Government will immediately appoint some one, so that proceedings may be taken without ■delay. (Signed,) J. A. Chapleau, Commissioner. 45 VICTORIA, CHAPTER 19. (Quebec.) An act ordering and confirming the sale of that part of the Quebec, Montreal, Ottawa and Occi- dental Eailway, extending from Montreal to St. Jer6me, Aylmer and the city of Ottawa. [Assented to 27th May, 1882.]* "IXTHEREAS the Government of the Province of Quebec has Preamble. ' ' entered into an agreement with the Canadian Pacific Railway Company for the sale to the said company of that portion of the Quebec, Montreal, Ottawa and Occidental Rail- way, extending from Montreal to St. Jer6me, Aylmer and Ottawa city, which agreement bears date the fourth day of March, one thousand eight hundred and eighty-two ; and whereas it is expedient to approve and ratify the said agree- ment, and to make provision for carrying out the same ; There- fore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : * Note. — In the English version of the Statutes this act appears to have been assented on the 2'7th May, 1882 ; the proper date is 1st May, 1882. See Journals of Legislative Assembly for 1882, page 204. 268 WESTERIS' SECTION OF Q. M. 0. AND O. B. Agreement of 1. The said agreement of sale, — a copy of which, with sche- and ratified^*^ dules, is annexed hereto as appendix A, — is hereby approved and ratified, and the Government is hereby authorized to per- form and carry out the provisions thereof, according to their purport. Canadian Pacific Rail- way Compaq ny vested with the prop, erty of a part of the Q. M. 0. & 0. R. under the agree- ment. Mortgages created by tth agree- ment de- clared valid and binding. 2. Under the said agreement, the said Canadian Pacific Rail- way Company is hereby vested with the right of property in the said portion of the said railway, lying between Montreal, • St, J6r6me, Aylmer and the city of Ottawa, all inclusive; together with all the lands and property referred to and de- _ scribed in general terms, or otherwise, in the said agreenient, notwithstanding that such property is not described in the said agreement by meets and bounds or by the cadastral numbers thereof, notwithstanding any provisions of the Civil Code of Lower Canada upon this subject, to the contrary.. The mortgages stipulated and created by the said agreement in favor of the Government of the Province of Quebec are hereby declared valid and binding on the said company with the same effect and to the same extent, with regard to the prop- erty thus hypothecated and charged, as if the same had been described in the said deed by meets and bounds, or by the cadas- tral numbers thereof, in conformity with the provisions of the Civil Code of Lower Canada and the rank and priority of the Government of the said Province as hypothecary creditors of the said railway, and its appurtenances, and of the said immov- able property conveyed to the said railway, shall be preserved with the same etfect and in the same manner as if the said agreement had been duly registered, upon the day of the passing of this act, against the said railway and other immovable prop- erty, in each of the registry offices of the several registration divisions, wherein the said railway and property or any portion thereof are situated, in conformity with the provisions of the- Civil Code of Lower Canada, at the date of the said agreement- Additional preamble, respecting the acquisi- tion of cer- tain railways by the Cana- dian Pacific Railway Company. 3. And whereas the said Canadian Pacific Railway Company has acquired from the Laurentian Railway Company and the St. Eustache Railway Company, their respective lines of rail- way, commonly known as the St. Eustache branch and the St. Lin branch respectively, under and by virtue of the two follow- ing deeds, viz : 1st. A deed of sale of the Laurentian Railway, duly executed by and on behalf of the said railway company, under the seal of the said company, at Montreal aforesaid, on the thirteenth day of March, one thousand eight hundred and eighty-two, a. copy of which is hereunto annexed as appendix B ; 2nd. A deed of sale of the St. Eustache Railway duly executed by and on behalf of the said railway company, under the seal of the said company, at Montreal aforesaid, on the thirteenth day of March, one thousand eight hundred and eighty-two, a copy of which is hereunto annexed as appendix C ; WESTERN SECTION OF Q. M. 0. AND 0. R. 259 And whereas, by the said first mentioned agreement between the Government o£ Quebec and the Canadian Pacific Railway Company, the latter company Ijas hypothecated the said St. Lin and the said St. Eustache branches, as security for the payment o£ the purchase money mentioned in the agreement hereinabove first referred to, and it is expedient that the said sales and the said hypothec should also be hereby confirmed and ratified, it is therefore further enacted : The said sales of the said Laurentian Railway and of the Sales of these said St. Eustache branch are hereby approved and confirmed ; '^a^'^^/'^E^^^' and the hypothec created upon them, respectively, by the said 'firmed and first mentioned deed of agreement, is also hereby ratified and mortgages confirmed, and constituted a first charge upon each of the said also ratified railways and their appurtenances respectively ; the whole upon and contirm- the terms and conditions in the said contracts mentioned. 4. If the Canadian Pacific Railway Company cannot return Deposit by to the Government all the debentures issued by the Laurentian ^.^"'l^'?'° ^^- Railway, it shall deposit with the Provincial Treasurer a sum of Company ofa, money, the amount whereof shall be determined by the Lieu- certain sum tenant-Governor in Council, to represent the value of the said cei,™ain^de- debentures. bentures can- not be re- . , o ,11 I. ■ , , ■ turned to tlie ». This act shall come into lOTce on the day oi its sanction. Government. Act in force. APPENDIX A. This agreement, made in duplicate this fourth day of March, eighteen hundred and eighty-two, between Her Majesty the Queen, acting for and on behalf of the Province of Quebec, by the Honorable Joseph A. Chapleau, the Premier and Commis- sioner of Railways of the said Province, hereinafter called : " The Government ;" and the Canadian Pacific Railway Com- pany, a body corporate and politic, duly incorporated by letters- patent of the Dominion of Canada, acting herein by Duncan Mclntyre and Richard B. Angus, vice-presidents thereof, duly authorized for the purposes hereof by resolution of the board of directors thereof, hereinafter called : " The Company," WITNESSETH : 1. That, subject to the ratification of the Legislature of the Sale of the said Province of Quebec, as hereinafter provided, the Govern- J^®^**/ th^^o" ment hath sold, transferred and assigned, and by these presents m. o^ & 0. doth sell, transfer and assign, to the company, accepting thereof K., with cer- as aforesaid, that portion of the railway now known as the ^^g" ^^'^' Quebec, Montreal, Ottawa and Occidental Railway, lying between Montreal and Aylmer, both inclusive, with the branch and bridge into the city of Ottawa, and the branch to the town of St. J6r6me ; together with all lands, property, rights and privi- leges thereto appertaining, or held, or acquired by the said Gov- ernment, for the purposes of the said portion of the said railway, or incidental thereto, or in connection therewith ; comprising 260 WESTERN SECTION OF Q. M. O. AND O. S. Property re- served from the saie. Property also all the tools, implements, machinery and movables of all descriptions now in use in running and carrying on the busi- ness of the said portion of thp said railway as a going concern, exclusive of stores and supplies. But reserving, from the said lands and property, the property in the city of Montreal, known as the Bellerive property, being number 1593 of the cadastral plan and book of reference of the St. Mary's ward of the city of Montreal ; and the north half of the property known as the Macdonald property, being number 615 of the said cadastral plan. And including among the lands and property eluded in the Jiereby conveyed, that portion of the property known as num- ber 1531 of the said cadastral plan and book of reference, commonly called the Gaol property, where the workshops for the said railway are now being erected ; bounded in front by Ste Catherine street, on one side by Colbome Avenue, on the other side by numbers 1577, 1578 and 1579 of the said cadas- tral plan, and in rear by the stone wall in rear of the Montreal gaol ; and also the property, at Hochelaga, known as the Old Military Hospital, being numbers 149 and 150 of the cadastral plan and book of reference of the incorporated village of Ho- chelaga. But it is agreed that the said reserve of the said Bellerive property shall be solely and exclusively for the pur- poses of the remainder of the said railway, and for no other purpose whatever ; that the freight sheds of the company shall be erected on the portion of the Macdonald property hereby conveyed to them, and that the said property shall be used exclusively for railway purposes and for no other purpose whatever ; also all the rights, privileges and property of the Government acquired or held for the purpose of or in con- nection with the proposed branch of the said railway to a point of junction with the Grand Trunk Railway, west of the said city of Montreal. The foregoing description being intended to include, without specifically naming or describing the same (under reserves aforesaid), every species of property now held hy the Government, as in any manner incidental to or connected with the said portion of the said railway, from the terminus thereof on the property known as the Quebec Gate Barracks, in the city of Montreal, inclusive, to the termini thereof at Aylmer, Ottawa and St. Jer6me, all inclusive, as well as the said proposed branch. Wliat is in eluded iu gaile. Portion of plant and rolling stock included in sole. 2. And the Government hath also sold, transferred and assign- ed, doth hereby sell, transfer and assign to the company accepting thereof as aforesaid, a proportion of the plant and rolling stock now upon the Quebec, Montreal, Ottawa and Occidental Rail- way of the value of $450,000, according to the prices appended thereto in the schedule thereof, hereto annexed : and also railway supplies and stores of the value, at the cost price there- of, of $80,000. The said plant and rolling stock to be taken from the existing plant and rolling stock of the said railway, of average quality and in fair proportions of each of the kinds detailed in the said schedule ; and such stores and supplies to be taken in similar proportions and of like quality, out of the WESTERN SECTION OF Q. M. O. AND 0. R. 261 stores and supplies now held by the Government for the pur- poses of the said railway. And if the parties hereto are unable Arbitrat.ioa to agree as to the proportions in which the said plant, rolling i^ case par- stock, stores and supplies, shall be taken by them respectively, '''^ '^agree. or as to the quality thereof, any dispute or difference respecting the same shall be adjusted by the mechanical superintendents of the Government and of the company ; who, if they differ, shall have power to name a third person as umpire ; and in that case the decision of the majority of them shall be final. 3. And it is further agreed between the parties hereto, that fnntinnatioa the several works of construction, now being executed in and °^^fj^^^'^ near the city of Montreal for the purposes of the said railway, including a double track into the Quebec Gate Barracks station, shall be continued and completed by the Government under ' the existing contracts therefor, and in accordance therewith, in so far as they have been contracted for, and if not contracted for, then in a substantial manner ; and the Government shall Government also build upon the portion of the Macdonald property, hereby P ^"^^ conveyed, a freight shed for the use of the company, to be of on the Mac- the dimensions of 40 feet by 400 feet, to cost not less than donald prop- $10,000, the plan of which shall be approved by the company. ^'^ ■^' And a station shall be constructed by the company upon the Station to b» said Quebec Gate Barracks property, within one year from the ^"Jj' ^ ^°™" date hereof, at a cost of at least $60,000. And the company bee Gate Bar- will pay to the Government, out of the purchase money hereafter racks, mentioned, the sum of $240,000, as a consideration for causing Payment bj- the said contract to be performed and the said freight shed to company for be built, which payments shall be made as the said works pro- worhs. ceed ; and they shall be allowed to reserve out of the said pur- chase money the said sum of $60,000 for the said station. 4. And it is further agreed between the said parties hereto, Branch be- that a branch of the said railway shall be constructed from a v^|"''t'a?°'^' point on its main line to the northward of Mile End station, to g. t. r and a point of junction with the Grand Trunk Railway between J^ontreai. Dorval station and Montreal, such points of junction to be selected by the company ; on which branch there shall be Amonnt fo be expended, under the direction and supervision of the company, expended out of the price and consideration hereinafter mentioned, the sum of $100,000 ; which construction, in consideration of the Branch road said sum, the company hereby undertake to make and com- Jest of road'* plete, of the standard of the remainder of the said railway, and and to be within one year from the date hereof. completed •' withm one year. 5. The foregoing sale, transfer, and assignment, and agree- Price and ments are thus made for and in consideration of the sum of conditions at $4,000,000, from out of which the company sha;ll pay the said ■ ' ' sum of $300,000 for the completion of the said works of con- struction in and near Montreal, in the proportions above men- tioned, and the sum of $100,000 for the said branch to the Grand Trunk Railway, as the same shall be required, from tin*e to time, for carrying out the said contracts and the other terms 262 WESTERN SECTION OF Q. M. O. AND 0. R. Further con- ditions. and conditions hereof. And also shall pay to the Government the further sum of $600,000 by annual instalments of $100,000 each, payable at the end of each and every year, on the first day of March in each year, the first of which payments shall fall due on the first day of March, 1883, with interest at the rate of five per cent per annum, payable at the same times as the interest on the remainder of the price as hereinafter pro- vided. And as to the balance of $3,000,000, the company agree and bind themselves to pay the interest thereon to the Govern- * ment at the rate of five per cent per annum semi-annually, on the first days of March and September in each year, com- mencing on the first day of September next ; with the right to the company to pay the said capital amount of $3,000;000 to the Government at any time after having given to the Government six months' notice of their intention so to pay the same : and with the right to the Government to demand and enforce payment, of the said balance of capital, at any time after the expiry of twenty years from the date hereof, on giving six months' previous notice of such demand. And the said sale, transfer, assignment and agreements, are thus made and entered into upon the other and further consi- derations following, viz: Eastei'n ter- minus of road and pas- senger sta- tion in Mon- treal. 6. That, inasmuch as the said acquisition of the said portion of the said railway is now hereby made as an extension of the said Canadian Pacific Railway, the Eastern terminus of the said Canadian Pacific Eailway, including the Montreal passen- ger station thereof, shall be fixed and shall forever remain at the place known as the Quebec Gate Barracks, in the city of Montreal ; unless at any time hereafter the company shall extend their railway to the city of Quebec, in which case the Eastern terminus thereof shall be fixed at the said city of Quebec ; the Montreal passenger station remaining at the said Quebec Gate Barracks. branch. Obligation of 7. And whereas it is of essential importance to the Govern- asTo^sl""'.'^* ment and to the company that a ferry should be estabhshed Charles over the River St. Lawrence from the city of Quebec to Point Levi, and that a branch of the Intercolonial Railway should be constructed from Point Levi eastward, to be known as the St. Charles branch, by means whereof trains of cars can be ferried across the River St. Lawrence, and the trains of the said Que- bec, Montreal, Ottawa and Occidental Railway and of the Intercolonial Railway can be transferred from one railway to the other and run on such other, without breaking bulk; Therefore, it is hereby further agreed that the Government will use its best endeavors to procure the completion by the Govern- ment of the Dominion, of the necessary works for such ferry on the south .shore of the said River St. , Lawrence at Point Levi, and of the said branch, with as little delay as possible, and upon obtaining an agreement to that effect from the Gov- ernment of the Dominion, will, on its own part, complete all WESTERN SECTION OF Q. M. O. AND 0. B. 263 'the works necessary for the same on the north shore of the said river at Quebec. 8. That through freight and passenger traffic shall be carried Rates for • over both of the said railways and every part thereof, includ- freight and ing branches built or to be built, or belonging to or to be ac- quired by the owners thereof respectively, and also including bridges and tunnels, at the freight and passenger rates estab- •lished and charged by the Canadian Pacific Railway Company for all traffic carried past the city of Ottawa in either direction, and at rates to be agreed upon, from time to time, between the Government or its assigns and the company for all traffic which is both received and delivered east of the said city. And if the Rate to be said parties fail to agree thereon, such rates shall be fixed by ^f^5'3i?fJ?iii n Tiff^- • p -n .1 r» 1 T^ • • 1 It* ^10^ Minister the Minister or Railways oi the Dominion, on the request ot of Railways either party hereto, after notice to the other. And all rates ^^ parties do shall be apportioned between the Government or its assigns and 'the company at a mileage rate, to be calculated pro rata ac- 'cording to the distance traversed by Such traffic on each of the .- said railways respectively, without any extra charge for tun- nels and bridges ; the same rates per mile being charged on •such tunnels and bridges as on the remainder of the said rail- '.ways. 9. That if either party hereto makes arrangements with any Running ar- • other railway company for special rates for freight or pas- ^°f ^™^"*^ sengers carried by its railway to a connection with the railway companies to of such other company, the other party hereto, or its assigns, be for mutual shall have the benefit of such special rates for its through traffic, in so far as such arrangements can properly be made applicable to such traffic. 10. That the Government and its assigns shall give special Despatch of despatch, equal to the despatch of express trains, to all em- t^ing*"* igrant trains from the city of Quebec westward, and shall run such trains as special trains on the arrival of ocean vessels bringing such emigrants, whenever the company shall notify and request the Government or its assigns to send on such special emigrant trains, and shall be themselves prepared to forward them in like manner. And the Government and its of foreign ..-assigns shall also give prompt and speedy despatch to all for.- mails. • eign mails destined to be forwarded by the company. And the Government and its assigns shall also grant to the company :special low rates of freight, not exceeding half a cent per ton Rates of per mile for all coal shipped upon its railway at Quebec, to and ^o^^Jf J?J/°gg for the use of the company, without car mileage ; the company of company, furnishing their cars without car mileage, and paying car mileage due to any other railway company, for the use of its .cars in carrying such coal upon the Government railway, but /the Government not to make any charge for hauling such cars, when empty, over its road. 11. That the company shall grant to the Government and its Running jjow- jassigns, irunning powers for ever from St. Martin's iunction, erstobegivea 264 WESTERN SECTION OF Q. M. 0- AND O. R. by company over the line of railway, hereby sold, to the city of Montreal. from^sfMar- ^^^ intervening points, but without the right of doing any tin's junction local business over such portion of railway; except in so far- to oily of ag i^j jjja,y hereafter be mutually agreed between the parties hereto that the Government may carry passengers to or from St. Martin's station, from or to Montreal on behalf of the com- pany, upon terms to be fixed by such agreement. Anid the company shall also allow to the Government or its assigns, for- Use of sta- the purposes of its said railway, the use, in common with the- be°also ° ' *° company, of the passenger stations and platforms at all stations, granted. built or to be built between St. Martin's junction and Montreal,, for the embarkation and disembarkation of passengers; and. also the right to construct a siding to a freight shed and suf- ficient space for a freight shed, forty feet by two hundred feet,, at Mile End station, and the right of acccess thereto ; and the right of access to the proposed station at the Quebec Gate Barracks, for its passengers and passenger trains, without delay or obstruction, with the exclusive use at the said last mentioned station, of a booking-office, baggage-room and agents' office,, and a room for, the use of the officers of the railway retained by the Government or its assigns, together with the use, in com- mon with the company, of the passengers' waiting-rooms and conveniences appertaining thereto ; the whole upon condition that the Government and its assigns shall pay a rental of $5,000" per annum for such use, and shall also contribute to the main- tenance in good order of the tracks and sidings of the said railway from St. Martin's junction to the said Montreal station,, in the proportion which the amount of use thereof by the Government or its assigns, calculated by wheelage, bears to the amount of use thereof by the company, calculated in like man- ner ; and without any further or other charge for the privileges^ Land to be hereby granted. And the company shall also set apart and useofGoTern- coiivey to the Government, at a convenient place at Hochelaga, meat at Ho- for the purposes of its railway, a further area of four acres of cheiaga. jg^^j ^q ]-,g ^gg^ f^j. gygh purposes only, with the right of access thereto, the location thei-eof to be mutually agreed upon. And Proviso, if if at any time hei-eafter the company shall determine to build bu^u by'com- another track, constituting a double track, from St. Martin's- pany. junction, or from the Back River Bridge, to the terminus in the city of Montreal, the Government or its ai^signs will pay the proportion, calculated yearly according to wheelage, of the interest on the cost thereof at the rate of five per centum per annum. Warranty 12. And it is hereby further agreed that the Government graTc.'^''*'^' J^^-kes the said sale, transfer and assignment with warranty against all claims, mortgages, hj'pothecs, liens and incumbrances, on the property hereby sold. But the company shall be bound to pay the interest upon the purchase money hereby agreed upon, and also the said several instalments making up the sum of $600,000, notwithstanding the existence of any charge or incupibrauce on the said portion of railway hereby sold, so long; as the company shall not be troubled by the creditor thereof. WESTERN SECTION OF Q. M. 0. AND 0. R. 265- 13. And as security for the payment of the said sum of Hypothecary $3,600,000, and interest as aforesaid, the company hereby mort- ^ a'^"''g*^/°f gage and hypothecate the said portion of the said railway $3,600,000. hereby agreed to be sold, and all the lands, tenements and ap- purtenances thereof hereby conveyed or intended so to be, and all the plant and rolling stock thereof as being immovables by destination, and do hereby also further mortgage and hypo- thecate those two several branches of the said railway, known as the St. Eustache branch, and the St. Lin branch, and all the lands, tenements and appurtenances, plant and rolling stock belonging to both said branches, which may be more fully described as follows, namely : The said St. Eustache branch commencing at a point of junc- tion with the portion of railway hereby sold, near the village of Ste. Th^rese, and extending to the station of the said branch in the town of St. Eustache, being about seven and one-half miles in length, with all the property and appurtenances thereof : And the said St. Lin branch, otherwise called and known as the Laurentian Railway', commencing at the point of junction thereof with the St. Jerome branch of the said Quebec, Mon- treal, Ottawa and Occidental Railway, near the said village of Ste. Th^rese, and extending about fifteen miles to the terminus thereof in the village of St. Lin, with all the property, rolling stock and appurtenances thereof. But it is hereby agreed that if the title of the said company Proviso for to the said St. Eustache branch, and St. Lin branch, as the ["'^f^^tirof ~ proprietors thereof, be not confirmed and rendered valid by the company to Legislature of the Province of Quebec, at the session thereof certain bran- now about to be held, the foregoing hypothec upon the said confirmed" branches and their appurtenances shall be ipso facto cancelled and annulled ; and the company will give such further security for the payment of the said sum of $600,000, as shall be mu- tually agreed upon. 14. That, for the purpose of preventing accident and delay, Control of and of ensuring the joint use of the said portion of the said running of railway lying between St. Martin's junction and the Montreal tween St. Mar- terminus inclusive, without confusion or obstruction, the run- tin's junction. ning and management of all trains and engines over the said '*" ontrea .. portion of railway, and the conduct of all employees engaged in such running and management, shall be under the exclusive supervision and control of the officers of the company. And the Government shall be responsible for all injury to the rail- Rcsponsibil- way or bridges, caused by any defect in its rolling stock or menf^Mn™" machinery, or by neglect or malice on the part of its employees, juries, &o. And if, upon the complaint of the company, it be established that any employee of the Government has been guilty of any disobedience of orders or insubordinate conduct in such run- ning and management, such employee shall either be dismissed from the employ of the Government, or removed in such manner that he shall not be again permitted to perform any 266 WESTERN SECTION OFQ. M. O. AND O. K. Besponsibil- ity of the company for delays, &c. duty upon the premises under the control o£ the company. And on the other hand the company shall be responsible for all de- lays and accidents caused by neglect or malice on the part of their employees in the regulation of such running and man- agement. Siding at Ho- chelaga to Macdonald property. How to be paid for. Advances for construction how to be made. Other siding. Maintennnce of road in good state of repair, &c. Company to repair road, Ac, after no- tice. Arbitration in case of dis- agreement. Effect of de- fault to jepair, &c. Effect of de- * fault to pay interest, at time stipula- ted. 15. That for the purpose of connecting the railway with the freight sheds, upon the said Macdonald property, and with the company's workshops in rear of the Montreal gaol, the com- pany shall lay out and construct a branch or siding, from the main line at Hochelaga to the said property, with two tracks thereon, one into the freight shed of the Government, and one into the freight shed of the company, with a siding into the said workshops, at the joint expense of the Government and of the company, upon a plan to be agreed upon between the par- ties hereto, and of the standard of the remainder of the said railway ; the parties hereto making the requisite advances for such construction, in the proportion of one-third by the Govern- ment or its assigns, and two-thirds by the company as the work proceeds. And the company shall allow a suitable connection to be made by the Government from the main line on the river bank into the said Bellerive property. 16. The company shall maintain the railway, hereby sold, in good and efficient order and repair, and shall regularly and efficiently run the sams, with a sufficient number of trains per day to carry the freight and passenger traffic with due regular- ity and despatch, running at least one passenger train per day each way. And if at any time, before the payment of the said balance of the said price, the company shall allow the said railway or rolling stock to fall into disrepair, they shall be bound to repair the same and to replace the same in as good order and condition as at present, within thirty days after re- ceiving notice from the Government so to do. And if any dis- pute should arise as to the fact of such disrepair or as to the sufficiency of the repair thereof, such dispute shall be referred to the arbitration and award of three disinterested persons, one of whom shall be named by each of the parties hereto, and the third by the Minister of Railways of the Dominion Govern- ment. And if the company shall fail to make good such dis- repair within the said period, or in case of dispute, in con- formity with the award of such arbitrators, the delay hereby granted for the payment of the said sum of $600,000, or any portion thereof then unexpired, shall be ipso facto forfeited, and the company shall forthwith pay to the Government the whole of the said last mentioned sum, or any part thereof which shall then remain unpaid, with all interest thereon. 17. If, at any time, the company should make default for thirty days in payment of the interest due under the terms hereof, the delay hereby granted for the payment of the capital producing such interest shall be ipso facto forfeited : arid the company shall be thereupon bound to pay to the Gov- WESTERN SECTION OF Q. M. O. AND O. R. 267 'ernment the full amount of such capital, with all interest ac- crued thereon. 18. The company shall maintain and carry out all traffic Existing contracts, hitherto made by the Government, according to their 4°"* to'^^e' terms, and all free passes for the current year issued by the carried out Government and now in force, a list of which contracts and ^^ passes to passes shall be furnished by the Government to the company, on or before the date at which this agreement shall come into full force and effect. And the company shall abstain, as far as Present em- shall in their opinion be consistent with the efficient working ^on^inue'iu of. the railway, from disturbing or removing the employees of service of the Government, heretofore engaged upon the portion of the ''°*'^- said railway hereby sold, without reasonable notice or com- pensation ; and the employees of the Government, who shall have been heretofore engaged in the running and management of the entire line, shall be dealt with in such a manner as shall be mutually agreed between the Government and the company, and with reasonable regard to their positions and interests. 19. Upon the demand of the company, and at their expense, ;^'^^'''°°'^' the Government shall, from time to time, hereafter, make, be^iven if execute and deliver to the company such good and valid deeds required. of conveyance of aoy of the immovable properties hereby sold, transferred, and assigned, or intended so to be, as shall be considered needful, under the advice of counsel learned in the law, for the complete and valid conveyance of such properties to the company. 20. And it is hereby finally agreed that this agreement is thus Agreement made subject to the approval and confirmation of the Legisla- ratification ture of the Province of Quebec at its next session, and shall by Legisla- take effect upon such approval and confirmation : and the Gov- ^""^^^ emment hereby agree to lay the same before the said Legisla- ture at the earliest convenient day ; and to place before the said Legislature such a measure as may be requisite fully and finally to confirm this agreement, and to render the same valid and effectual in law in all its details. In witness whereof, the parties hereto have executed these presents in duplicate at Montreal, in the Province of Quebec, the day and year first above mentioned. In the presence of J. J. C. Abbott, 1 J. A. Chapleau, V D. McIntyre, L. A. Senegal, j R. B. Angus. ("Corporate Seal") C. DriNKWATEE, of I C.P Drate SeaH f the } '. E. Oq. J Secretary C P^ K Co, 268 WESTERN SECTION OF Q. M. O. AND O. E. Schedule referred to in the annexed Agreement. Statement of rolling stock, such as locomotives, passenger and freight cars, snow-ploughs, Gangers, &c., compared with what it was in March, 1880 ; also, showing whether the addition to old stock was purchased or manufactured in our own shops. December, 1881. CLASS OP CARS. Passenger Cars. Official Car (new) Paymaster's Car Palace (md Sleeping Cars Sleeping " Palace " First Class " (See Note 1) Second Class " Baggage & Smoking " Through Baggage and Express Cars Excursion Cars Street Car 03 O ft cos a . Present Value Each. $12,000 3,500 13,225 9,000 7,000 4,000 2,225 2,200 600 650 1,080 600 Total Value. $12,000 3,500 26,450 18,000 28,000 48,000 35,600 17,600 4,200 2,600 10,800 600 $207,350 NOTE. No. 1.— First Class Cars Nos. 13 and 14 taken to make Sleeping Cars " Quebec" and " Ottawa," making two less in 1881 than in 1880. WESTERN SECTION OF Q. M. 0. AND O. E. 269 Schedule referred to in the annexed Agreement. Statement of rolling stock, such as locomotives, passenger and freight cars, snow-ploughs, flangers, &c,, compared with what it was in March, 1880 ; also, showing whether the addition to old stock was purchased or manufactured in our own shops. — (Continued.) Deoembeb, 1881. CLASS OF OARS. g Freight Cars. Box Cars (See Note 2.) Platform Gars Hay Cars (temporary from flats) Cattle Cars Brake Yans < Tool Cars Tank Car...., Flangers Snow-ploughs " (iron, forfront of locomotives) Total value of Pass'r & Freight Cars. Locomotives Calumet Ferry Engine O ft s-«S . si 151 302 92 228 10 90 466 334 90 19 8 3 1 6 8 12 Present Value Each. 500 625 500 850 550 VOO 900 1,500 32 1,100 1,500 Total Value. $302,900 16'7,gOO 66,250 9,500 6,800 1,650 TOO 5,400 12,000 384 $562,584 $769,935 $27T,200 1,500 $278, 700 Grand Total of Rolling Stock.. $1,04? ,634 A. DAVIS. No. 2.— Box Car No. 200 destroyed by fire, October, 1881, at Buckingham ; No. 212 destroyed by fire at St. Martin's junction, November, 1881 ; Nos. 215, 218 and 248, not traced, which accounts for discrepancy of 5 in thet >!'.' The foregoing is the Schedule referred to in the annexed Agredmen'- Montreal, 4th March, 1882i 270 WESTERN SECTION OF Q. M. O. AND O. R. APPENDIX B. This agreement, made in duplicate this thirteenth day of March, eighteen hundred and eighty-two, between the Lau— rentian Railway Company, a body politic and corporate, duly incorporated, herein represented by Louis Adelard Sen^cal, the- president thereof, and the Canadian Pacific Railway Company, a body politic and corporate, duly incorporated by letters-patent of the Dominion of Canada, — acting herein by Duncan Mclntyre and Richard B. Angus, vice-presidents thereof, the said Louis Adelard Sen^cal being duly authorized for the purposes hereof by resolutions of the board of directors of the said Laurentian Railway Company, and of the shareholders thereof respectively, and the said Duncan Mclntyre and Richard B. Angus being hereto duly authorized by a resolution of the Board of Direc- tors of the said Canadian Pacific Railway Company, WITNESSETH : 'Sale of Lau- rentian Rail- way to Cana- dian Pacific Railway Company with war- ranty as to title. 1. That, subject to the ratification of the Legislature of the Province of Quebec, as hereinafter provided, the said Laurentian Railway Company have sold, transferred and assigned, and by these presents do sell, transfer and assign, with warranty of title and against all mortgages, hypothecs or incumbrances whatever, to the Canadian Pacific Railway Company, accepting- thereof as aforesaid, the whole of their railway from the junc- tion at Ste. Th^rese, on the St. J6r6me branch of the Quebec, Montreal, Ottawa and Occidental Railway, to its actual ter- minus in the town of St. Lin, in the district of Joliette, with all and every the -appurtenances, lands, tenements, building, sta- tions, station-grounds, plant, stores, supplies, tools and rolling stock, actually belonging to or being the property .of the said Laurentian Railway Company, as they now are and exist, and with which the said Canadian Pacific Railway Company hereby declare themselves to be content and satisfied. Considera- tion for and conditions of sale. 2. The said sale, transfer and conveyance is made for and in consideration of the redemption by the said Canadian Paeilic Railway Company of the bonds or debentures issued by the said Laurentian Railway Company up to the present date, amounting to the sum of three hundred thousand dollars, togeth- er with all the coupons now remaining unpaid or unredeemed by the company : the said Laurentian Railway Company hereby declaring that no more than three hundred thousand dollars m WESTERN SECTION OF Q. M. 0. AND O. R. 27 1! amount of such bonds or debentures have been issued by thenii. up to the date hereof. 3. The said Canadian Pacific Railway Company hereby als^i Obligation ta» bind themselves, in consideration of the said sale, to maintain the ^^^^ o°der " said railway hereby sold in good and efiicient order and repadj-i. and to regularly and efficiently run the same with a suSicieBit number of trains per day to carry the freight and passenger- traffic thereof, with due regularity and despatch, running at least one passenger train per day, each way. And whereas the said Laurentian Railway Company have, Continue for a long time past, put in operation and maintained a line of f"°°'''af t,"^*^ railway from the parish of St. Lin through the parish of' Ste. to Hoclielaga^ Anne des Plaines to the place called Hochelaga, near the city of Montreal, by effecting a junction with the railway heretofore called the Montreal Northern Colonization Railway, and after- wards acquired by the Government of the Province of Quebec, and since known as the Quebec, Montreal, Ottawa and Occid- ental Railway, the said Canadian Pacific Railway Company also hereby bind and oblige themselves to continue and maintain the junction of the said Laurentian Railw^ay with the said Quebec, Montreal, Ottawa and Occidental Railway, such junc- tion being upon the portion thereof lately acquired by the said Canadian Pacific Railway Company. 4. It is hereby further a,greed that this agreement is thus Salesubjectta. made subject to the ratification thereof by the Legislature of ^^ confirmed the Province of Quebec at its present session, and that the said ture. Laurentian Railway Company, in procuring from the Legis- lature of Quebec the ratification of these presents, will also procure the insertion of a clause, in the act effecting such ratification, by which it shall be provided that the said Canadian Pacific Railway Company shall be vested, with the said Lau- rentian Railway, free and clear of all liabilities in favor of any person or body whomsoever, save and except the consideration of the present deed, leaving to such persons or bodies their rights and claims respectively against the said Laurentian Rail- way Company ; the said last named company undertaking to discharge all such claims to the exoneration and discharge of the said Canadian Pacific Railway Company. 5. It is hereby further agreed that these presents shall have And to talce. full force and effect so soon as the legislation mentioned in the effect only last preceding section shall be obtained ; but that these presents shall become null and void unless the said legislation, confirming these presents and vesting the said property in the company free and clear of all charges thereon, shall be obtained from the said Legislature during its present session, and algo unless an And when act of the said Legislature, confirming the sale to the said e^^^g'/j.^on of. Canadian Pacific Railway Company of the said portion of the q. m. o. & Quebec, Montreal, Ottawa and Occidental Railway, be passed 0. R., also J . ,, .J ' . ,1 £ J r ratified. during the said session thereot 272 WESTERN SECTION OF Q. M. O. AND O. E. In testimony whereof, the said parties hereto have executed these presents at Montreal, the day and year first above men- tioned : In the presence of J. J. C. Abbott. [L.S.] Laurentian R. R. Co. by L. A. Senegal, President. The Canadian Pacific Railway Com- pany by D. McInttre, Vice-President. R. B. Angus, Vice-President. C. Drinkwater, Secretary. APPENDIX C. This agreement, made in duplicate this thirteenth day of March, eighteen hundred and eighty-two, between the St. Eustache Railway Company, a body politic and corporate, duly incorporated by letters-patent of the Province of Quebec, and the Canadian Pacific Railway Company, a body politic and corporate, duly incorporated by letters-patent of the Dominion of Canada, the said St. Eustache Railway Company acting hereby by Jean-Baptiste Renaud, Esquire, the president thereof, duly authorized for the purposes hereof by a resolution of the board of directors of the said last mentioned company, and the -said Canadian Pacific Railway Company, acting hereby by Duncan Mclntyre and Richard B. Angus, vice-presidents there- of, duly authorized for the purposes hereof by a resolution of the board of directors of the said company, WITNESSETH : 1. That, subject to the ratification of the shareholders of the Railwav to ^^^^ ^^- Eustache Railway Company and also to the ratification Pacific Rail- of the Legislature of the Province of Quebec, as hereinafter ^nhw^F^^^ provided, the said St. Eustache Railway Company hereby sell, ranty aa to transfer and assign to the said Canadian Pacific Railway Corn- title, &c. pany, accepting thereof, the whole of their railway from the junction thereof at Ste. Ther^se with the Quebec, Montreal Ottawa and Occidental Railway, to its actual terminus in the village of St. Eustache, in the district of Terrebonne, with war- ranty of title and against all mortgages, hypothecs, charges and incumbrances whatever ; and with all and every the prop- ^ erty, lands and tenements and the appurtenances thereof. Sale of St, Eustache WESTERN SECTION OF Q. M. O. AND O. R. 273 cactually belonging to or being the property or in possession of the said St. Eustache Railway Company, as they now are and •exist. 2. The said sale, transfer and conveyance is made for and in Considera- ■consideration of the sum of fifty thousand dollars, to be paid co°°ditLons'of .after the ratification of these presents, as hereinbefore stipu- sale. iated, and immediately upon the final completion of the con- .struction of the said railway, of the same quality and standard as the main line of the said Quebec, Montreal, Ottawa and Occidental Railway, with all fencing and other requisite appur- tenances, but without equipment. , 3. The said Canadian Pacific Railway Company shall have Power of com- the power to continue the said line of railway from -St. Eusta- P.^°y *° ''°°- ■che, where it now ends, to a point in the parish of St. Joseph, gt, Joseph, .at or near the intended gravel pit. 4 The said Canadian Pacific Railway Company hereby bind Road to be themselves to maintain the said road in good repair, and to run '^^P* ™ ^°°^ the same regularly and efiiciently with a sufficient number of pany. trains every day to carry the freight and passenger traffic with due regularity and despatch, running at least one passenger train every day each way. 5. It is hereby agreed that this agreement is thus made sub- Sale made ject to the approval and confirmation of the shareholders of ^"^J^''**° the said company and also of the Legislature of the Province Legislature. of Quebec at its present session ; and the said St. Eustache Railway Company, in procuring from the Legislature of Que- bec the ratification of these presents, will also procure the inser- tion of a clause in the act effecting such ratification, by which it shall be provided that the said Canadian Pacific Railway And on- con- Company shall be vested with the said St. Eustache Railway, free diti<"i that -and clear of all liabilities in favor of any person or body be°ciea7ofaU whomsoever, save and except the consideration of the present charges, &c. deed, leaving to such persons or bodies their rights and claims respectively against the said St. Eustache Railway Company. The said la;St named company undertaking to discharge all such ■claims to the exoneration and discharge of the said Canadian Pacific Railway Company. 6. It is hereby further agreed that these presents shall have And to take full force and effect, so soon as the legislation, mentioned in the ^^^"^ °"^J last preceding section, shall be obtained ; but that these pre- tification, sents shall become null and void unless the said legislation, confirming these presents and vesting the said property in the company free and clear of all charges thereon, shall be ob- tained from the said Legislature during its present session, and And also ra- .also unless an act of the said Legislature, confirming the sale ga*rof°West- to the said Canadian Pacific Railway Company of the said ern section of j)ortion of the Quebec, Montreal, Ottawa and Occidental Rail- Q- ^- 0- ^^_ way, be passed during the said session thereof. pany. 18 274 EASTERN SECTION OF Q. M. O. AND 0. R. In testimony whereof, the said parties hereto have executed, these presents at Montreal, the day and year first above men- tioned. In the presence of "A. C. WiJRTELE." [L. S.] St. Eustache K R. Co. by " J. B. Renaud,' Presidents The Canadian Pacific Railway Company, by "D. McIntyre," Vice-President„ " R. B. Angus," Vice-President.- ■ C. Drinkwater," Secretary, C. P. R. Co. 45 VICTORIA, CHAPTER 20. (Quebec.) An act to order and confirm the sale of that por- tion of the Quebec, Montreal, Ottawa and Oc- cidental Eailway, known as the Eastern Section, and extending from St. Martin's Junction to the city of Quebec. [Assented to 27th May, 1882.] Preamble. "ITTHEREAS the Government of the Province of Quebec has- ' * entered into a contract for the sale and permanent work- ing of that portion of the Quebec, Montreal, Ottawa and Occidental Railway, known under the name of the Eastern Section, extending from St. Martin's Junction to the city of Quebec inclusively, which contract, bearing date the fourth day of March, one thousand eight hundred and eighty- two, as well as the appendix thereto, have been submitted to the Legis- lature to be ratified, and whereas it is expedient to approve and ratify the said contract and to make provisions for the carrying out of the same ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Contract ap- 1. The Said contract, a copy of which, with its appendix, is^ ^T'fi^d ^""^ hereto annexed, is hereby approved and ratified, and the Gov- ernment is authorized to perform and carry out the conditions thex'eof , according to their purport and tenor. Incorporation 2. For the purpose of incorporating the persons mentioned by charter. j^ ^j^g ga,i(j contract and those who shall be associated with them in the undertaking and of granting to them the powers- EASTERN SECTION OF Q. M. O. AND 0. R. 275 necessary to enable them to carry out the said contract, accord- ing to the terms and conditions thereof, the Lieutenant-Gov- ernor may grant to them, in conformity with the said contract, under the corporate name of the " North Shore Railway Name of the Company," a charter conferring upon them the franchises, corporation, privileges and powers embodied in the appendix to the said contract and to this act annexed, and such charter being pub- lished in the Quebec Ojfficial Gazette, with any order or orders in council relating to it, shall have force and effect as if it Effect of were an act of the Legislature of Quebec, and shall be held to c*'*'^'^"^- be an act of incorporation within the meaning and tenor of the said contract. 3. Upon the organization of the said company and the de- Possession posit by them, with the Government, of five hundred thousand ^"nj^jf ^* °^. dollars in cash, on account of the price of sale, and in consider- tain part of ation of the completion and perpetual and efiicient operation 9" p ■ 9" * of the railway and its branches by the said company, as stipu- fe'rred to the lated in the said contract, the Government may transfer to the company said company»the possession of and right of working that por- If^"^^ ^f pg*I tion of the railway, known under the name of the Eastern tain condl- Section, and extending from St. Martin's' Junction to the city of *'°"®- Quebec inclusively, as well as of the branches, as described in the said contract ; and the said portion of the road and its branches, as well as all the lands and properties mentioned in the contract, notwithstanding that such lands and properties are not described by meets and bounds, or under their cadastral numbers, in accordance with the Civil Code, shall become and afterwards remain the exclusive property of the company, the whole nevertheless upon the terms and conditions and subject to the restrictions and reservations stipulated in the said con- tract. 4. The privilege of bailleur de fonds, for securing the pay- Privilege of ment of the balance of the price of the sale, in capital and j"^", for*ay- interest, and the special hypothec for five hundred thousand ment of the dollars created in favor of the Government of the Province of ''^?^°''»°^j''® Quebec by clause 20 of the said contract, are hereby declared an'd spec'iai valid and binding on the said company with the same effect fe"*^®" ?°'^' and to the same extent, with regard to the property thus ciare'd vaii^d hypothecated and charged, as if the same had been described and binding, in the said deed by meets and bounds, or by the cadastral *^- numbers thereof, in conformity with the provisions of the Civil Code of Lower Canada ; and the rank and priority of the Gov- ernment of the said Province, as privileged and hypothecary creditor of the said railway and its appurtenances and of the said immovable property conveyed to the said railway, shall be preserved with the same effect and in the same manner as if the said agreement had been duly registered, upon the day of the passing of this act, against the said railway and other im- movable property, in each of the registry offices of the several registration divisions, wherein the said railway and property or any portion thereof are situated, in conformity with the 276 EASTERN SECTION OF Q. M. O. AND O. R. Discharge of mortgage for $500,000 giv- en upon the execution of certain works. Similar dis- charge when- ever a pay- ment ia made on account of the price of sale. Additional preamble. When the de- bentures of the city of Three Rivers shall become exigible. Power of the Government to enter into agreements with the city of Quebec re- specting its subscription. Limitation of time to enter into such agreements. provisions of the Civil Code of Lower Canada, at the date of the said agreement. 5. Whenever the company shall, in execution of the said contract, have constructed works to the amount of two hun- dred thousand dollars to the satisfaction of the Lieutenant- Governor in Council, a discharge of the mortgage for five hun- dred thousand dollars, mentioned in the said contract, shall he given on the part of the Government, by notice to that effect in the Quebec Official Gazette, and such notice shall have the effect of cancelling such hypothec. Whenever a payment shall be made on account of the price of the sale by the said company, the Provincial Treasurer shall give notice in the Quebec Official Gazette, which shall also have the effect of partially or totally cancelling the hypothec, as the case may be, for all lawful purposes. 6. And whereas, by clauses 16 and 17 of the contract, the Government cedes to the company all its rigl^ts against the cities of Three Rivers and Quebec, arising from their respective subscriptions of one hundred thousand dollars and one million dollars, and it is expedient to establish certain provisions on the subject, it is further enacted as follows : The debentures of the city of Three Rivers shall be exigible by the company only after the execution of the works men- tioned in clause 16 of the contract ; but it shall be lawful for the city of Three Rivers and the company to agree upon the amount of the debentures to be delivered, after fulfilment of any of the three obligations mentioned in the said clause 16. T. Notwithstanding clause 17 of the contract, it shall be lawful for the Government to enter into agreements with the city of Quebec, respecting its subscription to the 'North Shore Railroad, and, in such case, the company shall not be held to the obligations nor benefit by the advantages mentioned in the said clause 17, and shall also be relieved from the performance of the works for the completion of St. Andrew street, the extension of the line to deep water on the " Louise Embank- ment," and the changing of the line on Prince Edward street. But such agreements shall be entered into within the three months next after the passing of this act, and at the expiration of such delay, if no agreements have been entered into, the said clause 17 shall have its full effect. Act in force. 8. This act shall come into force on the day of its sanction. Contract between the Province of Quebec and the North Shore Railway Syndicate. On the fourth day of the month of March, one thousand eight hundred and eighty-two, in the city of Montreal, by the present document signed in duplicate, — EASTERN SECTION OF Q. M. O. AND O. E. 277 Her Majesty the Queen, acting for and on behalf of the Prov- ince of Quebec, by the Hon. J. A. Chapleau, Premier and Commissioner of Railways of this Province, hereinafter styled the Government, and the Hon. Thomas McGreevy, of the city of Quebec, Alphonse Desjardins, of the city of Montreal, Alderic Ouimet, of the city of Montreal, all three members of the House of Commons of Canada, and Louis Adelard Senecal, of the city of Montreal, gentleman, hereinafter styled the Syndicate, have entered into the following agreements, subject to their being ratified by the Legislature of the Province of Quebec, as here- inafter provided : 1. The Government sella, with warranty against all troubles. Sale of East- hypothecs, evictions and hindrances whatsoever, unto the Syn- n^'^^n'T °^ dicate, thereof accepting : o' Railway That portion of the railway now known as the Eastern ^ith certain Section of the Quebec, Montreal, Ottawa and Occidental Rail- way, from the junction at St. Martin of such Eastern Section with the Western Section of the said road, sold by the Govern- ment to the Canada Pacific Railway, by contract passed this day (the fourth of March, one thousand eight hundred and eighty-two), to the terminus of such Eastern Section in the city of Quebec ; The branches of the said road, known under the names of the " Piles," " Joliette " and " Berthier " branches and the " Three Rivers Loop Line ;" the first of these branches, the Piles Branch, extending from its junction with the railway so sold, at about two miles from the city of Three Rivers to its terminus at the place called Grandes Piles ; the second, that of Joliette, from the village of Lanoraie, in the district of Joliette, to its ter- minus at St. Felix de Valois ; the third, that of Berthier, from the railway station at Berthier, in the district of Richelieu, to its terminus in the town of Berthier ; the fourth, namely, the Three Rivers Loop Line, including the two lines which run from the railway to the port of Three Pavers. 2. In the present sale are included : Prorerty in- ■^ eluded there- a. The old Government fuel yard at Quebec, designated on ^"" the cadastre of Saint Peter's ward, as number 1950 ; b. The land which now belongs to the Government at the place known as Hare Point, in or near the city of Quebec, designated on the cadastre of St. Roch's ward, as numbers 1, 2, 3 and 4 ; c. The land, situated in the city of Montreal, known as the " Bellerive property," designated on the cadastre of St. Mary's ward, of the city of Montreal, as number 1593 ; d. The south half of the property, situated in Montreal, known under the name of the " Macdonald property," designated on the cadastre of St. Mary's ward, of the city of Montreal, as number 615 ; 278 EASTERN SECTION OF Q. M. O. AND 0. K. e. A lot of land, situate at Hochelaga, four arpents in super- "ficies, which the Canada Pacific Railway Company is to hand over to the Government in virtue of the contract aforesaid; /. All the grounds, stations, buildings, wharves, telegraph lines, &c., &c., appertaining to the railways hereby sold ; g. The plant now in use, and the rolling stock appertaining to the Quebec, Montreal, Ottawa and Occidental Eailway and its branches, less such portion of the plant and rolling stock as is to be delivered to the Canada Pacific Eailway Company, in virtue of the deed of sale to it by the Government ; h. All the property and effects belonging to the Government now in the store-houses, on the line and on the grounds of the Quebec, Montreal, Ottawa and Occidental Railway, less what may belong to the Canada Pacific Railway Company, in virtue of the aforesaid deed of sale. Description 3. The above enumeration is not limitary, the intention of not limitary, ^j^^ parties being to include in this contract everything apper- taining to the Quebec, Montreal, Ottawa and Occidental Rail- way, and accessory thereto, less what has been sold to the Canada Pacific Railway Company. Transfer of 4. The Government transfers and makes over to the Syn- and^p'riv^ ''*^ dicate, by the present sale, all the rights and privileges hereby leges. sold and transferred, vested in it by law and its other titles of whatsoever nature they may be, and especially all the rights and privileges which the Government has acquired and which are reserved to it by the aforesaid deed of sale in favor of the Canada Pacific Railway Company, the Government hereby subrogating the Syndicate in all such rights and privileges. ObliKation of . 5. The Government further binds itself to make every eflTort *''^nt a^T"" ^° secure for the Syndicate, from the Government of the Domi- St. Charles nion, a traffic arrangement for the carriage of goods over the branch. Intercolonial Railway, and also the construction of a branch of the said Intercolonial Railway from the parish of St. Charles to Point Levis, and also the construction by the Federal Govern- ment, at Levis, of the wharves, engines, machinery and other works necessary for the establishment of a steam ferry service from Quebec (at the terminus of the railway hereby sold) to Levis (at the terminus of the aforesaid St. Charles branch) for the transfer of cars without breaking bulk, and also its contri- bution to the amount of one-half of the cost and expenses of the required ferry steamers. lObli^ation of 6. On the other hand the Syndicate binds itself to fulfil and as'to'cerl.ahi^^ Carry out, in the place and stead of the Government, and at its worlcs in own cost, each and every of the obligations, to the performance Montreal. Qf which the Government is now held, in virtue of the contract made with the Canada Pacifip Railway Compaiiy, and especially to carry out the works and constructions, in the city of Mon- treal and its neighborhood, which the Government ha§, by the EAStERN SECTION OF Q. M. 0. AND 0. R. 279 -aforesaid contract, bound itself to complete, and the Syndicate shall pay the share of the Government in the branch extending frbm Hochelaga to the Macdonald property and the gaol prop- erty, and in consideration of the Syndicate undertaking this, the Government hereby transfers to it the two hundred and forty thousand dollars, which the Canada Pacific Railway Com- pany is to pay it for such works. 7. The Syndicate binds itself to make and complete the Obligation as extensions necessary to directly connect the road, which it ^ '^^^^^ hereby acquires, with the Intercolonial Railway ; and to make Quebec, and construct, at the Quebec terminus, the wharves, engines, machinery and other works required for establishing, the above mentioned ferry, and, moreover, to contribute one-half of the - cost and expenses of the necessary ferry steamers. Amongst the works which the Syndicate undertakes to perform, are those described and enumerated in Schedule A hereunto annexed. 8. The Syndicate takes over the roads, which it hereby Obligation as -acquires, in the state in which they actually are ; it binds itself, *° certain under the conditions hereinafter set forth, to perform all the works mentioned in Schedule B, for repairing and completing the roads, and it further binds itself to constantly keep the said roads in good order. 9. The SjTidicate binds itself to run on the railways, hereby Number of sold, as many trains as may be necessary to meet the require- t''^"'s to ^^ ments of the traffic, and at least one passenger train over the whole length of the road, in each direction, every day, except ; Sundays. 10. The Syndicate undertakes to carry out all the contracts. Existing traf- relating to the traffic on the roads hereby sold, which bind ^ contracts, the Government ; and the profits accruing therefrom, from and earned out after the handing over of the roads, shall belong to the Syn- by Syndicate. ■ dicate. 11. The Syndicate shall recognize all passes and tickets, Existing which may have been issued by the Government for the current Passes, &c., year. 12. The locomotive department, the engineers' office and the Workshops, workshops, for construction and repairs of the road, shall be in Que'be" .''^ ^'^ the city of Quebec, and the Syndicate shall retain in its service, so far as the same may, in its opinion, be consistent with the proper working of the road, all the employees now in the ser- vice of the Government ; and the Syndicate shall not dismiss, without cause, any of the present employees, without giving him at least one month's notice or a reasonable compensatidn. 13. The sale is made for the price of $4,000,000, on account Price and •of which the Syndicate shall pay, on the road being handed ^°{'/'*"'°' °^ ■over, a sum of $500,000, and on the balance of $3,500,000, the Government may, by giving six months' notice to the Syndicate, ■exact another payment of $500,000, after the expiration of the year following the first payment, and, at the expiration of five 280 EASTERN SECTION OF Q. M. O. AND O. R. years, from the time the road is handed over, the Government- shall have the right, at any time, by giving one year's notice- to the Syndicate, to exact the entire payment of the balance then remaining due on the aforesaid price of sale, and, in any case, such balance shall be due and payable at the expiration of twenty years. Price may be 14. The Syndicate may at any time pay up the whole price Smeafte"cer- '^^ ®^^®' ^7 previously giving the Government six months' tain notice, notice. Interest upon balance of price of sale. Completion of Three Rivers Loop Line by Syn- dicate. Transfer to Syndicate of rights of Government against city of Quebec. Delay to re- pair and put road in good order. 15. Interest shall be payable on the balance of the price of sale, at the rate of five per cent per annum, from the time the road is handed over, and it shall be payable on the first of March and of September in each year, commencing on the first- of September next. 16. The Syndicate binds itself to perform the necessary work to complete the Three Rivers Loop Line, and also to lay steel rails instead of those now on the Piles Branch, as it may become necessary to renew them, and to establish a line of" steamboats between Grandes Piles and La Tuque ; but the Syn- dicate shall not be obliged to fulfil any of these three obligations,, until it receives the debentures for the amount of one hundred thousand dollars voted by the city of Three Rivers, the Govern- ment for that purpose subrogating the Syndicate in all its. rights against the city of Three Rivers. 17. The Government transfers and makes over to the Syn-- dicate all its rights against the Corporation of the city of Que- bec, in connection with the Quebec, Montreal, Ottawa and Occi- dental Railway, and undertakes to deliver to it, at the time the roads are handed over, the debentures, which the Corporation of the city of Quebec has given on account to its s.ubscription,. to the amount of $400,000 (every debenture which the Govern- ment cannot deliver shall be paid at par.). The Government, further subrogates the Syndicate in all the rights it may have and claim upon the property, situated in Quebec, commonly called the " Palais property," opposite the property known as the " Government fuel yard." In consideration of this trans- fer, the Syndicate assumes all the obligations of the Govern- ment towards the Corporation of the city of Quebec, and fur- ther it binds itself to pay to pay to the Government, at the. time the roads are handed over, the sum of $500,000. 18. In the event of the Syndicate not keeping the said roads; or any part thereof or their rolling stock in good order, it shall' be bound to do so and replace everything in good order within a delay of thirty days, after having received notice from the Government. And if it should happen that there was a diflfer- ence of opinion as to the bad state of the said road or roads or of the rolling stock or as to the repairs to be made, such dispute shall be submitted to the arbitration of three disinterested per- sons, one of whom shall be named by each of the parties to this contract and the third by the Minister of Railways for the. EASTERN SECTION OF Q. M. O. AND 0. R. 281 Dominion of Canada. And if the Syndicate should refuse or Effect of de- neglect, during thirty days from such notice, or .in the case of "" *' dispute, after it has been notified of the decision of the arbitra- tors, to make the repairs required or ordered, then the delay for the payment of the balance due on the capital shall lapse, and, notwithstanding any provision of the present deed, the said balance shall at once become payable in its entirety. 19. In the event of the Syndicate neglecting or refusing to Effect of de- pay any instalment due on the capital, or any of the interest [n"g*gg° ^^^ herein stipulated, when the same becomes due, and if such ' neglect or refusal extends over thirty days, the entire amount of the capital herein stipulated, which shall not then have been paid, shall at once become due and payable. 20. The roads, sold and handed over, their dependencies Hypothecarj- and rolling stock as well as all the property above described claim of and included in the present sale, shall be and remain hypothec- for payment. ated as security for the payment of the price of sale and interest, of price of and, in addition, to the amount of $500,000 for the .due execu- ^* ^' tion of the works mentioned in Schedules A and B ; but this latter hypothec shall cease to exist as soon as work to the • amount of $200,000 shall have been performed to the satisfac- tion of the Lieutenant-Governor in Council, who shall there- upon grant a discharge from such hypothec. 21. The Syndicate shall be constituted an incorporated Syndicate to. company at the next session of the Legislature of the Province ^ated'^bv'"" of Quebec, with all the powers required to enable it to carry Legislature., out the present contract. This is a condition si/ne qud non. And from and after the incorporation of the company all the rights and privileges, hereby conferred upon the Syndicate, shall belong to the company which shall thenceforward be subject to all the obligations assumed by the Sjmdicate, and, from that moment, the individual responsibility of its members shall cease to exist. 22. The Government binds itself to submit the present Contract'to- contract to the Legislature of Quebec, at its next session, for its ^^ LeeTsla- * approval, ture. And the parties have signed. SCHEDULE A. (Approximate Estimates.) Works required to connect the Q. M. O. & 0. Railway with the Intercolonial, and for the steam ferry service : — 1. Purchase, lease or construction of wharves (those now in use cost $6i500 per annum), say a capital, of $ 130,000 282 EASTEEN SECTIOif OF Q. M. 0. ASfC O. E. 2. Works upon wharves, sheds, switches, &c $30,000 3. One-half the cost of ferry steamers and acces- sories 90,000 $ 250,000 SCHEDULE B. (Approximate Estimates.) Worlcs vn Montreal. Extension of the line and erection of buildings on Bellerive property S 50,000 General Works. -Ballast for completing line to Quebec 33,000 Works at Three Rivers. Including Loop Line, replacing iron rails by steel ones onLoopLine and PilesBranch^ — works on wharves — navigation of St-Maurice from Grandes Piles to La Tuque 140,000 Works at Quebec. Workshop — ^finishing St, Andrew street — extension of line to deep water on " Louise Embankment" — changing the line on Prince Edward street, either by expropriating one side of the street or completely changing the line and passing on the land known as Hare Point 225,000 $ 448,000 (The latter works are comprised in the obligations between the Government and the city of Quebec, which the Syndicate offers to assume.) The above Schedules A and B are those referred to in the annexed contract. Montreal, 4th March, 1882. . EASTERN SECTION OF Q. M. O. ANB O. R. 283 APPENDIX OF THE PRECEDING CONTRACT. Constitution of the Company. Incoi^oration. 1. Honorable Thomas McGreevy, M.P., Messrs. Pierre V. Certain per- Valin, M.P., James Gibb Ross, ship-owner, Nazaire Turcotte, ra^ed'""""^"" importer, Wm. J. Withall, merchant, Guillaume Bresse, manufac- turer, Charles Samson, merchant, all of the city of Quebec; William E. Carrier, manufacturer, of the town of Levis ; T^les- phore E. Normand, Esq., of the city of Three Rivers ; Alphonse Desjardins, M.P., Matthew Hamilton Gault, M.P., Louis Ad^lard Senecal, railway contractor, John McDougall, manufacturer, Victor Hudon, manufacturer, Alexander Buntin, manufacturer, Wilfrid Prevost, advocate, Jean-Baptiste A. Mongenais, merchant, J. Moise Dufresne, merchant, Jean-Baptiste Renaud, bank director, Guillaume Boivin, manufacturer, David Morrice, mer- chant, Robert Cowan, manufacturer, all of the city of Montreal ; Honorable Bradley Barlow, senator, of the town of St. Albans, Vermont, United States ; and R. J. Kimball, banker, and Louis Belloni, mine-owner, of the city of New York, in the State of New York, United States, with all such other persons and corporations as shall become shareholders in the company here- by incorporated, shall be and are hereby constituted a body corporate and politic, by the name of the " North Shore Railway Name of cor- Company." poratiou. 2. The capital stock of the company shall be one million Capital stock doUars, divided into shares of one hundred dollars each, which ^° ^ ^'^^^' shares shall be transferable in such manner and on such condi- tions as shall be prescribed by the by-laws of the company. 3. As soon as the stock of the company shall 'have been sub- When con- scribed, and fifty per centum thereof paid up, and upon the trausfe'rred^to deposit with the Treasurer of the Province of Quebec of five company. hundred thousand dollars for the purpose and upon the condi- tions in the foregoing contract provided, the said contract shall become and be transferred to the company, without the execu- tion of any deed or instrument in that behalf ; and the company Company shall, thereupon, become and be vested with all the rights of y^gted^wUh"" the purchasers named in the said contract, and shall be subject certain to, and liable for all their duties and obligations, to the same "glitB, &o- extent and in the same manner as if the said contract had been executed by the said company, instead of by the said purchasers ; and thereupon the said purchasers, as individuals, shall cease Eflfecti*ereof. to have any right or interest in the said contract, and shall not be subject to any liability or responsibility under the terms theiitof, otherwise than as members of the corporation hereby 284 EASTERN SECTION OF Q. M. 0. AND O. R. Powers, &c., conferred , upon compa- ny- created. And upon the performance of the said conditions respecting the subscription of stock, the partial payment there- of, and- the deposit of five hundred thousand dollars to the satisfaction of the Lieutenant-Governor in Council, the publica- tion by the Provincial Secretary in the Quebec Ojfficial 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 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 con- ferred upon the company. And the enactment of the special provisions hereinafter contained shall not be held to impair or derogate from the generality of the franchises and powers so hereby confered upon them. DIRECTORS. First direc- tors. Power of board. Qualification of directors. Number of directors. How elected. Executive committee. 5. Honorable Thomas McGreevy, M.P., Messrs. Pierre V. Valin, M.P., James Gibb Eoss, ship-owner, Nazaire Turcotte, importer, Wm. J. Withall, merchant, Guillaume E. Bresse, man-, ufacturer, Charles Samson, merchant, all of the city of Quebec ; William E. Carrier, manufacturer, of the town of Levis; T^lesphore E. Normand, Esq., of the city of Three Rivers ; Alphonse Desjardins, M.P., Matthew Hamilton Gauifc, M.P., Louis Adelard Senecal, railway contractor, John McDougall, manufacturer, Victor Hudon, manufacturer, Alex- ander Buntin, manufacturer, Wilfrid Prevost, advocate, Jean- Baptiste A. Mongenais, merchant, J. Moise Dufresne, merehant, Jean-Baptiste Renaud, bank director, Guillaume Boivin, man- ufacturer, David Morrice, merchant, Robert Cowan, manufac- turer, all of the city of Montreal ; Honorable Bradley Barlow, senator, of the town of St. Albans, Vermont, United States;' and R. J. Kimball, banker, and Louis Belloni, mine-owner, of the city of New York, State of New York, United States, are hereby constituted the first directors of the company, and the majority of the directors, of whom the president shall be one, shall be British subjects. And the board of directors so consti- tuted shall have all the powers hereby conferred upon the directors of the company, and they shall hold office until the first annual meeting of the shareholders of the company, 6. Each of the directors of the company hereby appointed,, or hereafter appointed or elected, shall hold at least one hun- dred shares of the stock of the company. But the number of directors to be hereafter elected by the shareholders shall be such, not exceeding nine, as shall be fixed by by-law of the company. The votes for their election shall be by ballot. 7. The' board of directors may appoint, from out of their number, an executive committee, composed of at least three EASTERN SECTION OF Q. M. O. AND O. B. 285 directors, for the transaction of the ordinary business of the company, with such powers and duties as'shall be fixed by the its powers by-laws of the company. The president shall be ex-officio a a°d duties, member of such committee. 8. The place of business of the company shall be at the city piace of busi- of Quebec, but the company may, from time to time, transact ness of com- its affairs at all such other places as may be necessary, and at p^o^igo which the directors and shareholders may meet, when called, as shall be determined by the by-laws of the company. And the company shall open and keep open at Montreal, continually office of the during office hours, an office where service of process in all company at judicial or extra-judicial proceedings in connection with ' all ' °°*''^* ■ matters arising in the district of Montreal, may be made upon it. SHAREHOLDERS. 9. The first annual meeting of the shareholders of the com- First meeting pany, for the appointment of directors, shall be held on the of sharehol- first Wednesday in June, one thousand eight hundred and ^^^' eighty-two, at the office of the company in Quebec ; and the annual general meeting of shareholders, for the election of Subsequent directors and the transaction of business generally, shall be eJS"^ef*t°' held on the same day in each year thereafter, at the same place, ings. Notice of each of such meetings shall be given by the publica- Notice there- tion thereof in the Quebec Offi.cial Gazette for two weeks, and of. by such further means, as shall, from time to time, be directed by the by-laws of the company. 10. Special general meetings of the shareholders may be. Special gen- convened in such manner as shall be provided by the by-laws f^^^ ™^^*- of the company ; and notice of such meetings shall be given in Notice there- the same manner as notices of annual general meetings, the °^- purpose for which such meeting is called being mentioned in the notices thereof. 11. The board of directors may employ one or more of 'their Paid direc- number as pkid director or directors, provided always that no *°'^^- person be a director unless he be a holder of at least one hun- Tlieir qualifi- dred shares, in the capital stock of the said company, or unless f^^t'o"- he be not in arrears with respect to any call thereon. And the said board may also make provision for the remune- power of re- ration of any executive committee of such directors, for the munerating transfer of stock and of shares, the registration and inscription committee of the stock, shares and proceedings and the transfer of regis- &c. tered bonds, for the payment of dividends and interest and for all other matters authorized by the said contract or by this act. But such by-laws of the company shall have no force or effect Approval of after the next ensuing general meeting of the shareholders thal^purpoae. following the passing of such by-laws, unless they are approved at such meeting. 286 EASTERN SECTION OF Q. M. O. AND O. R. Power of mu- 12. Every municipal council of a municipality which shall, "n ^^rantin"'^' ^^*®^ ^^^ passing of this act, grant a bonus, in aid of the said aid, to^compa- railway or its branches controlled by the company to an ny to appoint amount of not les^ than twenty thousand dollars, shall have a director. ^j^^ right to appoint, every year, a person to be a director of the company in addition to all the other directors authorized by the present act ; but such municipality shall not incur any liability by the appointment of such director and shall have no right to vote, on its shares, at the election of directors. Right to vote. 13. At the election of directors under this act, and in the transaction of all business at the general meetings of share- holders, every shareholder shall be entitled to as many votes as he has shares, on which all calls are paid, and at every meeting of the shareholders he may vote by proxy, provided the person holding such proxy be a shareholder of the company. Amount of 14. After the first instalment provided for by the present calls after ^ct, no call upon unpaid shares shall be made for more than twenty per cent. RAILWAY AND TELEGRAPH LINE. Power to ac- quire, &c., and work a line of rail- way. Idem a line of telegraph, «tc. 1 5. The company may lay out, construct, acquire, maintain and work a continuous line of railway of the gauge of four feet eight and one-half inches, which railway shall extend from the place known as St. Martin's, Junction, to within the limits of the city of Quebec, as well as on the branches known as the Joliette, Berthier and Piles branches and the Three Rivers Loop Line, and also on other branches to be hereafter con- structed by the said company ; all of which shall be of the gauge aforesaid and on any extension of the main line of rail- way which may hereafter be built or acquired by the company, which said lines and branches shall constitute the railway here- after called the " North Shore Railway. " 16. The company may construct, maintain and work a con- tinuous telegraph line and telephone lines throughout and along the whole line of the North Shore Railway, purchase, lease or otherwise acquire any other line or lines of telegraph connecting with the line so to be constructed along the line of the said railway, and may undertake the transmission of mes- sages for the public, by any such line or lines of telegraph or telephone, and collect tolls 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 four- teenth, 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 or telephoning, and any other means of communication that may be deemed expe- dient by the company at any time hereafter. EASTERN SECTION OF Q. M, 0. AND 0. E, 287 POWERS. 17. " The Quebec Consolidated Eailway Act, 1880," in so far Application- as the provisions of the same are applicable to the undertaking °^^ 43 ^°''' authorized by this charter, and in so far as they are not incon- sistent with or contrary to the provisions hereof, and save and except as hereinafter provided, is hereby incorporated herewith. 18. The third and fourth subsections of section 22 of the Certain pro- ; " Quebec Consolidated Railway Act, 1880," shall be subiect to ^isiois of the following provisions, namely, — that if, before the comple- dified witli tion of the payment of the purchase price of the said railway respect ta or for the works under the said contract, any transfer should '^°'"P*"y- 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 the said subsection four, to another person, wheth- er or not already a shareholder in the company, and if, in the opinion of the board it should not be expedient that the person to whom such transfer or transmission shall be made or effected should be accepted as a shareholder, the directors may by reso- lution veto such transfer or transmission ; and thereafter, and until after the completion of the payment of the purchase price of the said railway and for the works under the said contract, such person shall not be, or be recognized as a holder of the shares so transferred 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 aU the rights conferred upon a shareholder under this act. But if the transfer of such shares has. been effected with the consent of the board of directors, the liability of the original shareholder shall cease to exist. 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 be taken of the transfer or transmission so vetoed, in order that it may be recorded in the books of the company after the completion of the payment of the purchase price of the said railway and of the works as aforesaid ; but 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. 19. The said company shall afford all reasonable facilities to Obligation of the Lake St. John Railway, the Canadian Pacific Railway, the ''°^^^'^jj^_ Intercolonial Railway, and to the Quebec Central Railway fJes toTer- Companies, for the receiving, forwarding and delivering of tain other traffic upon and from the railways of the said companies, re- ^^'- '^^^^' spectively, and for the return of carriages, trucks and other vehicles. 20. The company, under the authority of a special general Powerof com- meeting of the shareholders thereof, and as an extension of the P*'^^ '° *°" ■288 EASTERN SECTION OF Q. M. O. AND O. R. quire and "work, &c., •certain rail- ways on ob- taining con- •sent of share- holders. Power of •company to issue bonds, .&c., respect- ing such ex- tension rail- -ways. ProTiso. Power of ■company to build, &c., ■docks, wharves, etc. Acquire, i ■elevators. Run ferry steamers, &c. railway hereby authorized to be worked and completed, may purchase or acquire by lease or otherwise, and hold and operate a line or lines of railway, extending to the eastward of Quebec, on the North Shore of the St. Lawrence, or connecting by side lines with the said road on the North Shore of the St. Law- rence, or may acquire running ' powers over any of the said railways now constructed or to be hereafter constructed ; and in particular it shall have the right, without any further legis- lation, to run its engines and trains and exercise the privileges hereby conferred upon it on that portion of the road sold to the Canadian Pacific Railway Company, from St. Martin's Junction to the Quebec Gate Barracks station, in the city of Montreal ; and all the engagements and obligations, entered into by the Canadian Pacific Railway Company towards the Government of the Province of Quebec, are hereby confirmed, ratified and made over, in so far as relates to that portion of the road from Quebec to St. Martin, to the North Shore Railway Company, which may exercise, without any restriction, all the powers conferred by registration upon the Government of the Province of Quebec, with respect to the line of the said railway between Quebec and Montreal, and amongst others the right of running the railway in a straight line from St. Vincent de Paul to Montreal. And the company 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 any of them, as it possesses for its main line, to an amount not exceeding twenty-five thousand dollars per mile. But such issue of bonds shall not afiect the right of any holder of mortgages or other charges already existing upon any line of railway so purchased or acquired ; and the amounts of bonds hereby authorized to be issued upon such line of rail- way shall be diminished by the amount of such existing mort- gages or charges thereon. • 21. The company shall have power and authority, in so far as the Legislature may confer the same, to erect and maintain docks, dockyards, elevators, wharves, slips and piers at any point at which it may acquire, from competent authority, the use or ownership of lands or works used on the line of the North Shore Railway, or in connection therewith, and at all the termini thereof on navigable waters, for the convenience and accommodation of vessels and elevators ; and also to acquire and work elevators and make arrangements for steam and other vessels for cargo and passengers to any point which the North Shore Railway may reach or connect with, and also to run ferry steamers for passengers and traffic in the said Prov- ince of Quebec, in connection with the said railway, and to make all contracts and agreements with any person or corpora- tion whatsoever, who are hereby authorized to that effect for the objects above mentioned, or otherwise for the advantage of the company. EASTERN SECTION OF Q. M. O. AND O. R. 289 BONDS. 22._ The company, under the authority of a special general Amount of meeting of the shareholders called for the purpose, may issue ]>o'^^^ to be mortgage bonds to the extent of twenty-five thousand dollars company for per mile of the North Shore Railway for the purposes of the certain pur- undertaking authorized by the present act ; which issue shall, P°^®^' -after the privilege of bailleur de fonds and the special hypo- thec created by clause twenty of the said contract, constitute a first mortgage and privilege upon the said railway, con- Rank and structed. or acquired, or which shall be hereafter constructed P^'^'i^S^ or acquired, and upon its property, real and personal, acquired and to be hereafter acquired, including rolling stock and plant, and upon its tolls and revenues (after deduction from such tolls and revenues of working expenses), and upon the franchises of the company ; the whole as shall be declared and described as so mortgaged in any deed of mortgage as hereinafter pro- vided. And such mortgage and privilege may be evidenced How estab- by a deed or deeds of mortgage executed by the company, with I'shed. the authority of its shareholders expressed by a resolution passed at such special general meeting ; and any such deed may Contents of contain such description of the property mortgaged by such deedestab- deed, and such conditions respecting the payment of the bonds same, secured thereby and of the interest thereon, and the remedies which shall be enjoyed by the holders of such bonds or by any trustee or trustees for them, in default of such payment, and the enforcement of such remedies, and may provide for such forfeitures and penalties, in default of such payment, as may be approved by such meeting. And such deed, and the provi- Validity of sions thereof made under the authority thereof, and such other ^^^^ therefor, provisions thereof as shall purport (with like approval) to grant such further and other powers and privileges to such trustee or trustees and to such bondholders, as are not contrary to law or to the provisions of this act, shall be valid and binding. 23. The phrase " working expenses " shall mean and include Interpreta- all expenses of maintenance of the railway, and of the stations, 0™,°™^" buildings, works and conveniences belonging thereto, and of "-working ex- the rolling and other stock and movable plant used in the pensea." working thereof, and also all such tolls, rents or annual sums as may be paid in respect of the hire of engines, carriages or waggons leased to the company ; also, all rents, charges, or interest on the purchase money of lands belonging to the com- pany, purchased but not paid for, or not fully paid for ; and also all expenses of and incidental to working the railway and the traffic thereon, including stores and consumable articles ; also, rates, taxes, insurance and compensation for accidents or losses ; also, all salaries and wages of persons employed in and about the working of the railway and trafiic, and all office and management expenses, including directors' fees, agency, legal and other like expenses. 1^^ 290 EASTERN SECTION OF Q. M. O. AND O. R. Bonds to be issued in any currency. Method of sale, &a. Surrender of bonds for inscribed stocl£. Deeds, &c., creating mortgages for bonds need not be regis- tered. How depos- ited. Effect of de- posit. Effect of de- posit of agree- ment by com- pany with bondholders upon subse- quent trans- actions, reso- lutions, &c., of company. 24. The bonds, authorized by this act to be issued upon the- railway, may be so issued in whole or in part in the denomina- tion of dollars, pounds sterling, or francs, or in any or all of them, and the coupons may be for payment in denominations- similar to those of the bond to which they are attached. And the whole or any of such bonds may be pledged, negotiated or sold, upon such conditions and at such price as the board of directors shall, from time to time, determine. And provision may be made by the by-laws of the company, that after the issue of any bond, the same may be surrendered to the com- pany by the holder thereof, and the company may, in exchange therefor, issue to such holder, inscribed stock of the company,. — which inscribed stock may be registered or inscribed at the chief place of business of the company or elsewhere, in such manner, with such rights, liens, privileges and preferences,, at such place, and upon such conditions, as shall be provided by by the by-laws of the company. 25. It shall not be necessary, in order to preserve the pri- ority, lien, charge, mortgage or privilege, purporting to appertain, to or be created by any bond issued or mortgage deed executed under the provisions of this act, that such bond or deed should be enregistered in any manner, or in any place whatever. But every such mortgage deed shall be deposited in the office of the Provincial Secretary, — of which deposit notice shall be given in the Quebec Official Gazette. And in like manner any agree- ment entered into by the company, under section 29 of this act, shall also be deposited in the said office. And a copy of any such mortgage deed, or agreement, certified to be a true copy by the Provincial Secretary or his deputy, shall be re- ceived as primd facie evidence of the original in all courts of justice, without proof of the signatures or seal upon such original. 26. If, at any time, any agreement be made by the company with any persons intending to become bondholders of the company, or be contained in any mortgage deed executed under the authority of this act, restricting the issue of bonds by the company, under the powers conferred by this act, or defining or limiting the mode of exercising such powers, the company, after the deposit thereof with the Provincial Secretary, as- hereinbefore provided, shall not act upon such powers otherwise than as defined, restricted and limited by such agreement. And no bond, thereafter issud by the company, and no order, reso- lution or proceeding thereafter made, passed or had by the company, or by the board of directors, contrary to the terms of such agreement, shall be valid or effectual. Contracts, &c., binding upon compa- ny. EXECUTION OF AGREEMENTS. 27. Every contract, agreement, engagement, scrip certificate or bargain made, and every bill of exchange drawn, accepted' or endorsed, and every promissory note and cheque made^ EASTERN SECTION OF Q. M. 0. AND O. B. 291 drawn or endorsed on behalf of the company, by any agent, officer or 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 neces- sary to have the seal of the company affixed to any such bill, note, cheque, contract, agreement, engagement, bargain or scrip certificate, 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 No personal as agent, officer or servant of the company, be subjected indi- o^^er*"^ "^ vidually to any liability whatsoever, to any third party there- panyexecut^ for ; provided, always, that nothing in this act shall be construed '"^^ ^^''^ «°"- to authorize the company to issue any note payable to the p^evlso." bearer thereof, or any promissory note intended to be circu- lated as money, or as the note of a bank, or to engage in the business of banking or insurance. 28. It shall be lawful for the company, for the pui^pose of Appointmeiit answering writs of attachment by garnishment, to appoint one •>? eompany or more persons, whose names shall be deposited in the pro- answer''"pon thonotary's office, and who shall be authorized to make in writs of sei- court the declaration required by legal procedure in such cases, nkhment *'^' Such declarations shall be made in the office of the protho- Declaratioas notary at Montreal and Quebec alone, and shall be sufficient '^''«*« to •>« for all parts of the Province, and whenever such declaration shall be in satisfaction of a judgment rendered in another district, the prothonotary shall forward such declaration to the clerk of the court which issued the writ, and the proceedings shall be deemed complete for all legal purposes whatsoever. Such declarations shall be made in the prothonotary's office in Montreal, for the districts "under'the jurisdiction of Montreal^ in appeal, and at the prothonotary's office in Quebec, for all the districts under the jurisdiction of Quebec, in appeal. 29. If the Government and the company cannot agree as to Appointmeat whether work done or materials supplied under the fo^^egwirig of experts in contract are or are not reasonably in accordance with the- pro- agreement visions of the said contract, or as to any other question of between com- fact, the matter in dispute shall, from time to time, be referred ^oJemmeni to the decision of three experts, one of whom shall be, ap- pointed by the Government, another by the company, and the third by th,e two so selected ; and these experts shall decide Their tfuties. which of the parties shall pay the costs of the arbitration. And in the event of the two experts being unable to agree upon the Umpire. choice of a third, the latter shall be appointed, on the applica- tion of one of the parties, after notice given to the other party, by a judge of the Superior Court for the Province of Quebec. And the decision of the experts or of the majority of them Decision shall be final. Provided, always, that, in any case in which the ^^^■, company may be compelled, owing to the non-fulfilment of the abandon- said conditions or otherwise, to abandon the working of the "e'"* of '^o^'^ railway, no reimbursement shall be made to it, either of the ^ f^o^apany- sums already paid by it, in advance or otherwise, either as, 292 APPROPRIATION OF THE PRICE OF THE Q. M. 0. AND O. R. compensation for such work as it may have performed in ac- cordance with the schedules annexed to the said contract, or for other work done or rolling stock acquired by it, unless the application for such reimbursement be duly submitted to the Legislature and be adopted by a vote of two-thirds of the Le- gislative Assembly and by the majority of the Legislative Council. Deeds of transfer of land ; form and manaer. ef executing, registering, &c. 30. Every deed of transfer of land to the company may be made in the usual form for such cases and may be fully regis- tered on the affidavit of one of the witnesses to its execution, made before the officers authorized to receive such affidavits, and a deed in such form or drawn up in such sense shall be a legal and valid transfer of the lands and immovables therein mentioned for all purposes whatsoever, and its enregistration shall have the same effect as if it had been passed before a notary ; and in order that all such deeds may be duly regis- tered, all registrars, in their respective counties,, shall be sup- plied, by and at the expense of the company, with a book containing copies of the form, one copy to be printed on each page with the necessary blanks for each case of transfer, and oil the deeds being produced, they shall enter and register them without memorial in the said book and minute the entry on such deeds ; and the registrars shall exact and receive from the said company, for all costs of such registration and over and above the necessary stamps, fifty cents and no more, and the said enregistration shall be considered valid in law, any act or provision of law to the contrarj- notwithstanding. Appropri- ation of price of sale of the Q.M.O.&O. R. to payment of consoli- dated debt. Payment into certain funds. 45 VICTORIA, CHAPTER 21. (Quebec.) An act appropriating the price of the Quebec, Montreal, Ottawa and Occidental Eailway, to the payment of the consolidated debt of the Province. [Assented to 21th May, 1882.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The price of the sale of the two sections of the Quebec, Montreal, Ottawa and Occidental Railway, shall be appro- priated to the payment of the consolidated debt of the Province. 2. This price shall be paid into the funds created for the redemption of the loans effected under the provisions of the acts 37 Victoria, chap. 2 ; 39 Victoria, chap. 4, and 41 Victoria, chap. 1. APPEOPRIATTON OF THE PRICE OF THE Q. M. 0. AND O. R. 293 5i. The sum of three million dollars, payable according to Application the conditions o£ the contract of sale of the Western Section, "f pdee 0"""' by the Canadian Pacific Railway Company, after six months' the Western notice or after the expiration of twenty years, shall be applied Section, to the payment of the loan of three million dollars made under the provisions of the act 41 Victoria, chapter 1, which will complete the sinking fund created for the redemption of that loan. 4. The sum of three million, five hundred thousand dollars, ApplicatioH payable at stated terms, according to the conditions of the con- °t |3|5<'0i000, tract of sale of the Eastern Section, by the North Shore Rail- Eastern Sec- way Company, shall be applied to the payment of so much of ^^°°- the loan made under the act 39 Victoria, chapter '4, and the sum of five hundred and fifty-nine thousand, seven hundred ^nd of and seven ty -three dollars and thirty-three cents, shall be taken * ' from the balance of the price of the sale of the two sections, to complete the sinking fund created for the redemption of that loan. 5. The balance of the price of the sale of the two sections Application shall be applied to the payment of so much of the loan made ^f ^he price of in virtue of the act 37 Victoria, chapter 2, and shall form part both sections. of the sinking fund created for the redemption of that loan. 6. The Provincial Treasurer shall, from time to time, in con- investment formity with the instructions that may be given him by the payments. Lieutenant-Governor in Council, invest all sums that shall be paid on account of the price of sale ; and such investments shall belong to that sinking fund of which the moneys they represent form part. 7. The interest, upon the balances in the hands of the pur- interest hew- chasers, and those upon the investments which shall be made *° ^* applied, by the Treasurer, of the sums which shall be paid on account of the price, shall be applied to the payment of the interest upon the loans above-mentioned, accoirding to the appropriation of the capital. 8. The Provincial Treasurer is prohibited from employing, Money from even temporarily, the money arising from the price of the sale ^ '^°o*^nft' of the Quebec, Montreal, Ottawa and Occidental Railway, and to be applied the interest to be derived therefrom, for any other purpose than ^^^"^g^®!,;^ that above enacted. act directs. 9. An account shall be rendered to Her Majesty of the reg- Account to bo ular investment and employment of the sums arising from Hgj!'jj''afest°y the price of the sale of the Quebec, Montreal, Ottawa and Occidental Railway, as well as of the interest thereon. 10. This act shall come into force on the day of its sanction. Act in foree. 294 OFFICE OF COMMISSIONER OF RAILWAYS ABOLISHED. Office abol- ished. Transfer.of records, &c. Oommis- sioner of Agriculture and Public Works to re- sume coutrol. 49-50 VICTORIA, CHAPTER 4. (Quebec.) An act to abolish the office of Commissioner of Railways, and for other purposes. [Assented to 2l8t JuTie, 1886.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The office of Commissioner of Railways is abolished. 2. All records and documents, now in the possession of the Commissioner of Railways, shall be transferred to and form part of the archives of the Department of Agriculture and Public Works. 3. The Commissioner of Agriculture and Public Works shall, subject to the provisions of section 9 of the act 48 Victoria, chap. 6, have and possess all the powers and perform all the duties had and performed by him up to the time of the division of the Department of Agriculture and Public Works under the act 43-44 Victoria, chapter 3. 43-44 v., c. :5. 4. The said act 43-44 Victoria, chapter 3, and the act 44-45 and 44-4» v., Victoria, chapter 6, are repealed. 45 V. , c. 2, s. 5. Section 2 of the act 45 Victoria, chapter 2, as amended ed^u^'the'r " ^Y ^^'^ ^^^ '^^ Victoria, chapter 6, section 2, is further amended amended. by striking out the words "and the Commissioner of Railways," in the last line thereof. 48 v., c. 6, 3. 9, amended. 6. Section 9 of the act 48 Victoria, chapter 6, is amended by striking out the words " arising in the Department of Rail- ways," in the third line thereof. Note. — The said section 9 of 48 Vict, chap. 6, is repealed by 49-60 Vict, chap. 99, s. 9. 32 V., c 3, s 7". Subsection 2 of section 2 and section 7 o? the act 32 to apply to ' Victoria, chapter 3, shall be read and construed as if they in- Solicitor Gen- eluded the Solicitor General and his office, eral. Coming into force. 8. This act shall come into force on the first day of July next. AID TO CERTAIN COLONIZATION RAILWAYS. 295 SUBSIDIES TO RAILWAYS. 32 VICTORIA, CHAPTER 52. (Quebec.) -An act for the encouragement of certain Coloniza- tion Eailways. [Assented to 5th April, 1869.] TTER MAJESTY, by and with the advice and consent of the J-*- Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which are printed below, viz : 33 V., c. 35. 3^ V., cc. 21 and 22. 35 v., cc. 22 and 23. 36 V., c. 42. 37 V., c. 2. 38 V., c. 2. 39 V., -c. 3. 40 v., c. 3. 41 v., c. 2. 44-J^ v., c. 3. 4^ V., c. 23, and 47 v., c. 70. 1. Provincial aid, to the amount, in the manner, and subject Provincial to the conditions and limitations hereinafter set forth, is hereby raUwaysf**'"^ ^assured to the construction in wood, maintenance and working, of the following projected lines of' colonization railway commu- nication, namely : The Quebec and Gosford Railway, The Levis and Kennebec Railway, The Montreal Northern Colonization Railway, and The Richelieu, Drummond and Arthabaska Counties Railway. 2. For such continuous and unbroken length, not less than Conditions, fifteen miles of each of the said railways, as shall have been d'Si'on^o^ •constructed in wood, and be in hand fide operation, to the satis- the subsidy. faction of the Lieutenant-Governor in Council, on or before the first day of July, eighteen hundred and seventy -two, there shall be paid from the consolidated revenue fund of the Province, — by yearly payments to fall due on the first day of September in every one of the twenty years next following the first of such payments, during which such length of railway shall be continuously maintained in such bond fide operation, but not otherwise, nor for any longer term, — a subsidy at the rate of three per cent on the bond fide cost of the construction thereof ; such cost howewer (unless for exceptional bridges) not to exceed the average amount of five thousand dollars per mile. 3. In calculating such subsidy, any bridge over any river or How bridges stream exceeding fifty yards in breadth at high water, the ^gg^lnL i„ reasonable and actual cost of which, at such site and of such calculating plan, materials and construction, as shall have been approved subsidy. beforehand by the Lieutenant-Governor in Council, shall be ishown to the satisfaction of the Lieutenant-Governor in Council ■to exceed five thousand dollars, shall be deemed an exceptional 296 AID TO CERTAIN COLONIZATION RAILWAYS. Mode of pay- ment of sub- sidy. After comple- tion of half or whole of railway, sub- sidy may be converted as regards con- ditions. bridge ; and shall be allowed for, not upon the length thereof,, but at the exceptional rate of three per cent yearly on the- established bond fide cost thereof, not exceeding however such total as in each case the Lieutenant-Governor in Council shall expressly limit and allow as the reasonable and true value thereof for calculation of such subsidy. 4. The Lieutenant-Governor in Council may, from time to- time, provide as may be deemed expedient, for payment of any such subsidy, or of any part or amount thereof, to any pai'ties- claimant from the company primarily entitled thereto ; and for- assuring such payment, may issue any description of conditional debenture, scrip or certificate, with or without coupons attached,, payable to order or to bearer, and otherwise in such form, for such amounts, and subject to all such provisions in respect there- of, as shall be deemed to be in the public interest. 5. Whenever one continuous half of any such railway, or not- less than twenty-five continuous miles of unbroken length thereof, shall be satisfactorily shown to have been completed and to be in bond fide operation, the Lieutenant-Governor in. Council, on demand to that effect from the company, may de- clare the half of the subsidy thereof to have become and to be thereafter converted into a subsidy payable, not on the condi- tion above set forth of the continuous maintenance of the rail- way in bond fide operation, but on the terms and subject to the- conditions following ; and whenever the whole or not less than fifty continuous miles of unbroken length thereof shall be satis- factorily shown to have been completed and to be in bond fide operation, the Lieutenant-Governor in Council, on like demand, may declare the whole of the subsidy thereof to have become and to be thereafter converted in like manner ; Main line, for 2. If any company, seeking such conversion of subsidy, shall. s?on,inay"e ^^^ *° h&Ye the main line of their railway, or the fair equival- treated as the ent thereof, apart from any permitted branches or extensions,, whole. regarded (to that end only) as being the whole of such I'ailway, the Lieutenant-Governor in Council may ordain accordingly ;; and in that case, the claim of such company shall thereupon become and be limited to such main or declared equivalent line only; 3. Such conversion shall not, in any case, affect any portion of such subsidy represented by any still outstanding conditional debenture, scrip or certificate ; 4. Within such limits as to amount, the Lieutenant-Governor in Council, for assuring payment of such converted subsidy to parties claimant from the company primarily entitled thereto,, may issue any descriptions of debenture, scrip or certificate, with or without coupons attached, payable to order or to bearer, and otherwise in such form, for such amounts, and subject to such provisions in respect thereof, as shall be deemed to be in ther public interest ; Proviso. Lieut. -Gov.in Council may issue deben- tures. AID TO CERTAIN COLONIZATION RAILWAYS. 29T 5. Such converted debentures, scrip or certificates njay in Debentures any case be issued, — as by the Lieutenant-Governor in Council for ii,elnnuat shall be deemed to be most in the public interest, — either for payment of assuring payment of the amount of such converted subsidy subsidy orfor , S, '^ jS_ ^ p -to • theinterestott yearly, tor the number oi years required, or tor assuring pay- the total snb- ment of interest, at six per cent yearly, on the value of such ?'dy cap- converted subsidy, capitalized at the same rate of six per cent, ' ^ '^^ ■ and made payable as regards capital in not less than twenty nor more than thirty years from date of capitalization ; and shall be payable to all bond fide holders claimant from the company, although not to the company if still holding the same, notwithstanding any failure of the company to maintain the railway in continuous bond fide operation throughout the full term of the subsidy ; 6. In case of issue of any such capitalized debentures, scrip Sinking fun* or certificates, the Treasurer of the Province shall cause to be ftaUzed'sub?" invested yearly, as a sinking fund for redemption thereof, in sidy. public securities of the Dominion or of this Province, a sum equal to the difference between the amount of the yearly interest on such capitalized debentures, scrip or certificates, and that of the converted subsidy represented thereby ; 7. Whenever any converted debentures, scrip or certificates After issue or shall have been so issued, the whole of the railway in question raiiway"o be and all properties, appurtenances, and plant thereof, shall there- subject to in- after be subject to all such special inspection by the Railway spection, &c. Board, or otherwise, as the Lieutenant-Governor in Council, from time to time, may direct or authorize ; and the Lieutenant- Governor in Council may at any time order the company, within any reasonable specified delay, to make any repairs or do any other act which from such inspection shall be, deemed necessary in order to the keeping of the entire railway and the property, appurtenances and plant thereof, in a thorough state of efficiencj^, for the due operation thereof ; 8. If at any time the company shall refuse to submit to If company such special inspection, or shall interpose or allow any obstruc- ^["to^inspec- tion thereto, or shall refuse or fail to do (within the reasonable tion, &c., delay specified) any such act required by the Lieutenant- ^''jj^^ntij^* Governor in Council by reason thereof, or shall fail to maintain Crown. the railway in continuous bond fide operation throughout the full term of the subsidy, then, immediately upon and by virtue of the first payment thereafter made from the consolidated revenue fund of the Province, on account of any such outstand- ing debentures, scrip or certificates, the entire railway and all properties, appurtenances and plant thereof, and all the fran- chises of the company, shall ipso facto become and be vested in the Crown for the public uses of the Province, subject only to such trusts as shall have been or thereafter shall be legisla- tively declared or recognized in respect thereof ; and, as so vested, the same shall thereafter be held, administered and (by sale or otherwise) disposed of, by such public department or officer, and in such manner as shall have been or thereafter shall ^98 AID TO CERTAIN COLONIZATION RAILWAYS. "What Bhall be ■deemed a pro- per mainten- ance of the railway. be legislatively designated to that end ; and, as the first trtist affecting the same, and in preference to every other, all proceeds thereof whatsoever, as realized, shall be carried pro tanto to account of the Province, to or towards the discharge of such first payment aforesaid, and of all further payments on account of such outstanding debentures, scrip or certificates. 6. The Lieutenant-Governor in Council, upon report of the Railway Board, may, from time to time, define by general or special regulations, as occasion may require, what shall or shall not be deemed to be a bond fide maintenance and working of the several railways in this act mentioned ; and the same shall, for all purposes of this act, be deemed to be in bond fide opera- tion, so long, and so long only, as in the management and work- ing thereof such regulations shall be in good faith complied with and carried out. Special pro- vision s for Shi.'rbrooke, E. T. and Kennebec Hallway, and forSt.Francis Valley and Kennebec Railway. Special provi- sions for rail- way from Three Rivers "to Grandes Piles. Short title. T. In case of the amalgamation of the two projected com- panies for construction of the railways known as the Sher- brooke. Eastern Townships and Kennebec Railway, and the St. Francis Valley and Kennebec Railway, respectively, — or of the organization of only one of them, — or of the construction and putting into operation by only one of them, within the year, of not less than fifteen continuous miles of railway, — such amalgamated company, or such one company, as may be, shall also be entitled to provincial aid in terms of the foregoing sec- tions of this act ; and otherwise, they shall each be entitled to such aid, but only to the extent of a subsidy limited to the rate of one and a half, instead of three per cent yearly. 8. In case of the organization, before the first day of July, eighteen hundred and seventy, of a company to construct and work a colonization railway of wood between Three Rivers and the Grandes Piles, the same shall be entitled to provincial aid in terms of the first six sections of this act, — but to the extent of a subsidy fixed at the rate of six instead of three per cent yearly, and for such conbinuous and uubroken length of such railway, not less than fifteen miles, as shall have been con- structed and be in bond fide operation on or before the first day of July, eighteen hundred and seventy-three, — and subject to the further condition that before commencement of wox'k there- on, the line thereof shall have been approved and sanctioned, upon report of the Railway Board, by the Lieutenant-Governor in Council. 9. The expression " The Colonization Railway Aid Act of 1869," shall be a sufficient citation of this act. AID TO CERTAIN BAILWAY COMPANIES. 2Q9 33 VICTORIA, CHAPTER 35. (Quebec.) An act to amend the Colonization Eailway Aid Act of 1869. [Assented to 1st February, 1870.] TTER MAJESTY, by and with the advice and consent of the -'-'- Legislature of Quebec, enacts as follows : Note. — This chapter is affected hy the act 34- V., c. ^1, printed helow. 1. The eighth section of the Colonization Railway Aid Act of Sec.8,Coloui- 1869,_is hereby amended, by substituting for the word "seventy" ^^ay°Aid°Act therein, the words "seventy-two," and for the words "seventy- of 1869, three," the words " seventy-five." amended. ^ 2. The Montreal Northern Colonization Railway Company Mont. North. shall be entitled, upon its conforming to the provisions of the fnmied' tT^' said act, to the aid assured by the said act, notwithstanding aid, although that the whole, or any part of the road of the said company, *'"^l' °^ ■'■°"- shall have been constructed in iron. 34 VICTORIA, CHAPTER 21. (Quebec.) An act to provide for the granting of certain lands in aid of the railway companies therein men- tioned. [Assented to 'iUh December, 1870.] TJER MAJESTY, by and with the advice and consent of the -■-'- Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, printed helow, viz : 35 V., c. S3. 36 V., c. 43. 37 V., c. £ 39 V., c. 2, s. 24. 1. From and out of the public lands of this Province, certain 3,208,500 lands hereinafter mentioned, forming a superficies of three mil- ^'^"^^^ of land lion, two hundred and eight thousand and five hundred acres, the purposes are hereby set apart for the purposes of this act, that is to say : of this act. all the lands described in the schedule to this act, under the designations of blocks A, B, C and D, and comprised within the four blocks or extents of territory colored in i-ed and marked respectively A, B, C and D, upon a certain lithographed copy of a map of the Province of Quebec, drawn at the Crown Lands Department of this Province, by Eugene Tach^, Assistant Com- missioner of Crown Lands, and dated Quebec, eighteen hundred and seventy, which lithographed copy is filed in the ofiice of 300 AID TO CERTAIN RAILWAY COMPANIES. 200,000 acres of such land, on certain conditions, may be grant- ed to North Shore Bail- way Com- pany. Conditions on which grant may be made. the Clerk of the Legislative Council of this Province, to remain of record for all the purposes of this act, and copies of which, in full, or on a reduced scale, certified by the said clerk shall be deemed authentic for all legal purposes. 2. The Lieutenant-Governor in Council may, subject to the provisions of the next following section, grant to the North Shore Railway and Saint Maurice Navigation and Land Com- pany, now to be called the North Shore Railway Company, for building the North Shore Railway from Quebec to Montreal and the road to the Grandes Piles, and the establishment of a line of steamers on the St. Maurice, as mentioned in the act of the late Province of Canada, intituled : "An act to incorporate the St. Maurice Railway and Navigation Company," two mil- lions of acres of land, to be chosen and allotted by the Lieutenant- Governor in Council, on the report of the Commissioner of Crown Lands, from within the said blocks A, B, C and D, in a corresponding proportion, as regards quantity and quality, to those granted under this act for the construction of a railway from Montreal to Aylmer. S. The company shall be entitled to such grant on the fol- lowing conditions only : 1. The said railways shall have been completed and put in operation to the entire satisfaction of the Lieutenant-Governor in Council, and steam navigation shall have been put into oper- ation on the St. Maurice ; but the Lieutenant-Governor ia Council, if he thinks proper, may nevertheless, when it is established that the said company is actively engaged in the construction of its works, grant to it, for each twenty-five miles of road completed, a portion of the said lands propor- tionate in extent to such length of road ; 2. The Lieutenant-Governor in Council shall have the ap- pointment of one-third of the directors of the said company, without counting the ex-officio directors, or directors represent- ing municipalities, and no city, town or municipality shall be represented in the said company by a greater number of direc- tors than the Lieutenant-Governor in Council. 4. All grants of land made to the said company or to the St. Maurice Railway and Navigation Company by different acts passed by the Parliament of the late Province of Canada, and the assurance of aid given by the Colonization Railway Aid Act of 1869 for the construction of a wooden railway between Three Rivers and the Grandes Piles, are hereby revoked and repealed. 10,000 acres 5. The Lieutenant-Governor in Council may, subject to the Erg^antS Pi'ovisions of the next following section, grant to the Montreal certain con- Northei'n Colonization Railway Company, for building a rail- Montrea? ^^^ ^^°^ Montreal to Aylmer upon the North Shore of the Ottawa, ten thousand acres of land for every mile of such rail- Former grants, &c.. revoked. AID TO CERTAIN RAILWAY COMPANIES. 301 way, to be chosen and allotted by the Lieutenant-Governor in Northern Council, on the report of the Commissioner of Crown Lands, Rail°°iy^*'°° from within the said blocks A, B, C and D, in a corresponding Company. proportion, as regards quantity and quality, to those granted, under this act, for the construction of the North Shore Rail- way as aforesaid. 6. The said Montreal Northern Colonization Railway Com- Conditions on pany shall be entitled to the said grant on the following con- may^be^made ditions only : 1. The railway from Montreal to Aylmer shall have been completed and in operation ; but according as the company shall have completed twenty-five miles of the railway, the Lieutenant-Governor in Council may, if he thinks proper, grant to it a proportionate quantity of the said lands at the reduced rate of five thousand acres for each mile completed within the section extending from Montreal to Grenville, and at a propor- tionately increased rate for every mile completed within the section between Grenville and Aylmer. 2. The said railway shall connect with the said North Shore Railway from Quebec to Montreal at such point as shall be de- termined by the Lieutenant-Governor in Council ; 3. The Lieutenant-Governor in Council shall have the ap- pointment of one-third of the directors of the company, with- out counting the ex-offi.cio directors, or directors representing municipalities, and no city, town or municipality shall be re- presented in the company by a greater number of directors than the Lieutenant-Governor in Council. 7. The Colonization Railway Aid Act of 1869 shall no longer Q., 32 v., e. apply to such portion of the said Montreal Northern Coloniza- ^ j' °°' *° op- tion Railway as shall form part of the route from Montreal to tain portion Avlmer °^ ^^^^ '^^^^' •' . ' way. S. The Lieutenant-Governor in Council may, subject to the io,ooo acres provisions of the next following section, grant to the Quebec ^J^ ™'^^ ™^y and New Brunswick Railway Company ten thousand acres of Quebec and ° land for every mile of its railway built between the frontier of New Bruns- this Province and River du Loup, or Kamouraska, or any in- Coiupany7*^ termediate point between those two places, to be chosen and from certain allotted by the Lieutenant-Governor in Council, on the report ^'''^"ships. of the Commissioner of Crovra Lands, from within the town- ships of Packington, Bottsford and Robinson, and the territory adjoining the boundary-line between this Province and New Brunswick to the east of the said railway. 9. All tracks of lands actually held under license for the Certain tim- eutting of timber, comprised within the boundaries of blocks to beMm-""' B, C, D, described in the schedule to this act, as hereinbefore prised in " mentioned, shall be excepted therefrom, and a superficies corres- lands grant- ponding to the deficiency created by such limits now in exist- ^ 302 AID TO CERTAIN RAILWAY COMPANIES. ence shall be set apart for the purposes of the said grant out' of the unoccupied lands of the Crown in the nearest neighbor- hood to the said blocks B, C, D. Conditions lO. The said last mentioned company shall not be entitled to- previous to ^]jg gg^jjj grant unless the said last mentioned railway shall have grant. been completed and in operation as far as River du Loup or Kamouraska, or any intermediate point between those two places ; but, aceoyding as the company shall have completed? twenty-five miles of railway, the Lieutenant-Governor in Council may, if he thinks proper, grant to it a proportionate quantity of the said land. Further con- dition. 11. Any grant made to the sajd Quebec and New Bruns- wick Railway Company shall be made upon the condition that one-half of the lands so granted shall be conceded by the com- pany to settlers who shall occupy and clear the same, the whole in conformity with such conditions and at such prices as shall be fixed by the Lieutenant-Governor in Council, upon the report of the Commissioner of Crown Lands ; but such price shall not be less than one dollar for each acre. Delay of sec. 2, of 32 v., c. 52, extended. 12. The delay mentioned in the second section of the Colo- nization Railway Aid Act of 1869, is hereby extended to the first day of July, one thousand eight hundred and seventy-five. Said act to apply to St. Francis and Megantic In- ternational Railway Company. 13. The said Colonization Railway Aid Act of 1869, and the extension of delay mentioned in the preceding section, shall apply to the railway of the St. Francis and Megantic Interna- tional Railway Company, incorporated by an act of the Parlia- ment of Canada, as fully and effectually as if the said railway had been originally included and named in the Colonization Railway Aid Act of 1869, but only for the length thereof which' commences where the said railway leaves the line of the Grand Trunk Railway ; and the said last mentioned act shall no longer - apply to the St. Francis Valley and Kennebec Railway. Extension of the aid grant- ed to Riche- lieu, Drum- mond and Ar- thabaska Railway Company. l4; The aid provided for in favor of the Richelieu, Drum- mond and Arthabaska Counties Railway Company by the Colonization Railway Aid Act of 1869, shall likewise apply and extend to any of the lines of railway mentioned in the act of' the present session, intituled : " An act to amend the charter of the Richelieu, Drummond and Arthabaska Counties Rail- way Company," provided no such aid shall be paid or payable upon any greater length of road than shall be completed, nor ' be extended in any cEise to more than one hundred and fifty miles. may be'snb- ^^- ^^°^ ^^^^^ ^^X ^® ^^^^ instead of woodcn rails on any stituted for of the railways mentioned in the said Colonization Railway Aidi rt°pre1u^io-' -^°* °^ ^^^^' 'Without affecting the right of obtaining the aid ing aid. thereby assured if or the construction of such railway. AID TO CERTAIN RAILWAY COMPANIES. 303^ 16. The Lieutenant-Governor in Council may reserve for Lands maybe himself and also for any railway company to whom he may road^^ay and grant the same, the right of taking, without compensation, stations of upon any lands granted under this act, as much land as may railways, be deemed necessary for the road-way and stations of any rail- way that may pass over the lands so granted. IT. In case any one of the above named companies shall not Railways to have boTM fide commenced to build its railway within two ced*'be'fore"ist. years from the first day of May next, it shall forfeit all claim May, 1873. to lands under this act. 18. Sections eleven and fifteen of the act incorporating the Sees, il and Quebec and New Brunswick Eailway Company, that is to say, 33'y ^^"5^*^ the act of theParliament of Canada, thirty-third Victoria, chapter confirmed. ' fifty-six, including the schedule connected with the said section fifteen, are hereby, in so far as they relate to matters and sub- jects within the jurisdiction and control of the Legislature of this Province, confirmed and enacted as fully and effectually as if the provisions thereof were herein enacted at full length, and shall have effect notwithstanding article 2130 of the Civil 2130 Civil Code. ^°'l°- SCHEDULE. BLOCK A The territory included in this designation being situate in the county of Pontiac, at the western extremity of this Pro- vince, and being traversed by the principal branch of the Ottawa River, and by that of the river called the Abittibi, is bounded as follows, that is to say : Beginning at the point of intersection of the meridian of the mouth of the River Blanche, on Lake Temiscamingue, with the rear line of the Indian Reserve, situate- between such last men- tioned river and Lake des Quinze, at the point A, as set forth on the map hereinabove mentioned; thence prolonging such meridian line for a distance of 31 mfles or thereabouts to the height of land separating the waters of the St. Lawrence from those of Hudson's Bay to B ; thence following a line running north, 71° east, astronomically, a distance of 64 miles to C; thence in a true southerly direction a distance of 60 miles to D ; thence, following a western course, astronomically, a distance of 23 miles or thereabouts, to the intersection of the most southerly bay of Lake Missizowaja, at the point E ; thence skirt- ing the eastern and northern shore of the said lake, and that of Lake des Quinze, until opposite the point at which it discharges itself, by means of the river of the same name, at the place des- ignated by the letter F; thence pursuing a course usually north ta G, to the stake planted by the surveyor Charles Bouchette, in 1854, to mark the north-east angle of the Indian Reserve afore- S04 AID TO CERTAIN RAILWAY COMPANIES. said ; thence following the northern boundary of the said reserve, to its intersection with the meridian of the mouth of the River Blanche, to the point of departure at A, a distance of 15| miles or thereabouts. The said block A, comprising an extent of territory of 1,827,- 400 acres in superficies. BLOCK B. The territory so designated, including the Island of Lake Edward, and watered by the River Batiscan and by the river known as the Pierre River, being situate partly in the county of Portneuf and partly in the county of Quebec, is bounded as follows, that is to say : Beginning at the letter A on the said plan to the point of • intersection of the line of survey drawn during the summer of 1870, by the surveyor Ignace D6ry, with the north bank of the River Pierre, from thence following such said line, so alrea- dy established, for a course north, 45° west, astronomically, to the River Batiscan, a distance of 10 miles and 35 chains, and pursuing in the same direction a distance of about 9 miles to the line of survey drawn by the surveyors Eugene Casgrain and H. Legendre, in 1869, to the point B, from thence at a right angle following the said line of survey a distance of about 3 miles to D, to its junction with the south-western "branch of the River Batiscan, known as the River Jeannotte, and ascending the left bank of the said river and following the windings thereof to its source in Lake Edward, and skirting the south shore of such lake to its eastern extremity, and as- cending to its source (at the place marked D) the little river which discharges itself at such place. From this point, the said block to be bounded towards the north by a line running true east about 2 miles to the point E, situate at 6 miles at right angles to the general course of the River Metabetchouan, then at the said distance following parallel thereto, in a south and south-westerly direction, the course and windings of the said river to Lake aux Rognons, and thence, by prolonging, at the said distance of six miles, a parallel line to the survey of the ■continuation of the Gosford road, fixed by the surveyor E. Casgrain, to the point of meeting the River Pierre, at the point F, and descending the course of the said river, to its intersec- tion with the line of survey of Mr. Dery, at the point of de- parture already mentioned. The said block B, comprising 319,440 acres. BLOCK C. Situate in the county of Montcalm, bounded as follows, that is to say : Beginning at a distance of 10 miles from the north-western angle of the township of Doncaster, on the division line be- tween the counties of Argenteuil and Montcalm, at the north- western angle of the proposed township of Archambault, at AID TO CERTAIN COLONIZATION RAILWAYS. 305 "the point A on the said map, following the said line, and, in -continuation,- the line dividing the districts of Montreal and Ottawa, to its meeting with the principal branch of the Riviere Rouge, a distance of about 26 miles in B ; thence ascending the course of the said principal branch to a point of intersec- tion with the line between the counties of Montcalm and Jo- liette, in C ; thence, following such line on a course, astronom- ically south, 45" east, for a distance of 34| miles to the north- east angle of the proposed township of Lussier, to about ten miles from the north-east angle of that of Chilton, in D ; thence following the rear line of the said proposed townships of Lussier and Archambault, a distance of 20 miles, to the point of departure in A. The said block C, comprising an area of 371,200 acres in superficies. BLOCK D. This extent of territory, situated on the eastern bank of the River St. Maurice, partly in the county of Champlain and partly in that of Chicoutimi, is bounded as follows, that is to say : Beginning at the mouth of the Grande Riviere Pierriche, on the St. Maurice, about 10 chains from the 64th mile post planted by surveyor Bignell in 1848, at the time of his survey of the said last mentioned river, at the point A on the said map ; thenqe following the meridian of the mouth of the said Grande Ri/viere Pierriche a distance of 37 miles to B, from such place, at right angles with the said meridian, on a course west astronomically, a distance of nearly 37 miles to the point of meeting the River St. Maurice, in 0. Thence descending the left bank of the said river and following all its windings in a direction usually south and south-east, to the point of departure -at the mouth of the said Grande Riviere Pierriche, at the place marked A, and already described. The Said block D, comprising an area of 685,466 acres in -superficies. 35 VICTORIA, CHAPTER 22. (Quebec.) An act to amend the act of this Province, thirty- second Victoria, chapter fifty-two, respecting aid to certain colonization railways. [Assented to 2Srd December, 1871.J HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which ■a/re printed below, viz : 37 V., c. 2, and 38 F., c. S. 20 306, AID TO CERTAIN RAILWAY COMPANIES. Full converted 1. Notwithstanding anything to the contrary, contained in^i subsidy may ^j^g ^^^ q£ ^j^jg Province, thirty-second Victoria, chapter fifty- tain cases. two, whenever one continuous half of any of the railways- named in the said act, or of the length of the St. Francis and Megantic International Railway, defined in section thirteen of the act of this Province, thirty-fourth Victoria, chapter twenty- one, or any continuous portion of such railways, not less than twenty-five miles in length, shall be completed and in opera- tion, the Lieutenant-Governor in Council may, on demand of" the company, pay for such half, or for every such length of road, the full amount of the converted subsidy granted by the^ said act, in proportion to the number of miles so completed. It may- be 2. Such payment may be made either in money or by means nToney orTu™ °^ Capitalized Government debentures, and the provisions of capitalizad subsections four, five, six, seven and eight, of section five of debentures. ^]^q gg^j^ g^^^ shall apply to the said debentures in the same manner as to the converted debentures mentioned in the said subsections, and [shall subject the company and the railway,, and all the properties and appurtenances thereof, to the same obligations, conditions and lien, as they would have been sub- ject to in the case of the payment of the annual subsidy or of debentures having been issued in virtue of the said act. 35 VICTOEIA, CHAPTER 23. (Quebec.) An act to provide for the granting of certain lands in aid of the St. Francis and Megantic Inter- national Eailway Company, and of the Quebea- and Gosford Railway Company. \_Assented to 23rcZ December, 1871.] TTEE MAJESTY, by and with the advice and consent of the- -■-'- Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which are printed below, viz : M V., c. 4£. 37 V., c. 5, and 38 V., c. '2. 1,935,000 1. From and out of the public lands of this Province, certain set Ipart for ^^'^^ forming a superficies of one million, nine himdred and the purposes thirty-five thousand acres, more or less, are hereby set apart for of this act. the purposes of this act, that is to say : all the lands described in the schedule of this act, under the designations of blocks E and F, and comprised within the blocks or extents of territory delineated in red, and marked E and F, upon a certain litho- graphed copy of a map of the Province of Quebec, drawn at- the Crown Lands Department of this Province by Eugfenfr Tache, Assistant Commissioner of Crown Lands, and dated Que- ■ AID TO CERTAIN RAILWAY COMPANIES. 307 bee, eighteen hundred and seventy, which lithographed copy is filed in the office of the Clerk of the Legislative Council of this Province, to remain of record for all the purposes of this act, and copies of which, in full or on a reduced scale, certified by the said clerk, shall be deemed authentic for all legal purposes. 2. The Lieutenant-Governor in Council may, subject to the 10,000 acresl provisions of the two next following sections, grant to the St. per mile may Francis and Megantic International Railway Company, for the certain condi- construction of that portion of its railway, within this Province, tjons *« the^_ between the place where the said railway leaves the line of the and M^^antic Grand Trunk Railway and the Province line, ten thousand acres International of land for each mile of such portion of railway ; the said land ^'- ^*'' to be chosen within the limits of the said block E. 3. The company shall be entitled to the said grant upon the Conditions of following conditions only : ^'^'"^ S""*"'- . The said portion of railway shall have been completed to the Province line, and put into operation, to the entire satisfaction of the Lieutenant-Governor in Council, on or before the first day of January, one thousand eight hundred and seventy- seven ; The Lieutenant-Governor in Council, if he thinks proper, may, nevertheless, when it is established that the said company is actively engaged in the construction of its works, grant to it, for each twenty-five miles of the said portion of the road completed, a portion of the said lands proportionate in quantity to such length of road. n" 4. No grant shall, howeA'er, be made under this act, to the No grant said company, unless, on or before the first day of January, one ""less it is thousand eight hundred and seventy -three, it shall have sig- befove^at nified, to the Secretary of the Province, its acceptance of such January, grant in lieu of any subsidy to which it might be entitled un- ^f su'bsidy*" der the Colonization Railway Aid Act of 1869, and section thir- under sec. 13 teen of the act thirty-fourth Victoria, chapter twenty-one. °*^^* ^■'*^- ^^■ 5-. The Lieutenant-Governor in Council may, subject to the 10,000 acres provisions of the next following section, grant to the Quebec pei-mile may and Gosford Railway Company, for the building of the exten- f„v Mtensioa sion of their railway, from its present terminus at Gosford, to ofQuchecand the mouth of the River Metabetchouan, on Lake St. John, ten ^°^.'°''^ ^'*'*- thousand acres of land for every mile of such extension, which land the said company is hereby authorized to receive, notwith- standing and without prejudice to section five of the act of this Province, thirty-fourth Victoria, chapter twenty-four, or any Sfec. 5 of 34 other provision of law ; and the said land shall be chosen by ' the Lieutenant-Governor in Council, on the report of the Com- missioner of Crown Lands, from within the said block F. V.,c. il G. The said Quebec and Gosford Railway Company shall be Conditions of entitled to the said grant on the following conditions only : said grant. The said extension of railway shall have been completed ■308 AID TO CERTAIN RAILWAY COMPANIES. from the said terminus at Gosford to the mouth of the River Metabetchouan, on Lake St. John aforesaid, and have been put into operation, to the entire satisfaction of the Lieutenant- Governor in Council, on or before the thirty-first day of Decem- ber, one thousand eight hundred and seventy-six ; Nevertheless, the Lieutenant-Governor in Council may, if he thinks proper, when it is established that the said company is actively engaged in the construction of its works, grant to it, for each twenty -five miles of the said extension of railway, a portion of the said lands proportionate in quantity to such length of road. Provision' in V. In the event of the name of the said Quebec and Gosford ease of the Railway Company being at any time hereafter changed, in ©haaglng its virtue of the provisions of the act thirty-fourth Victoria, name under chapter twenty-four, the provisions of this act may be carried out in respect of the said company under its new name, in the same manner as might have been done under its present name. 34 y- C. 24. Each com- 8. In Case either of the above named companies shall not have ^gu'n bave honA fide commenced to build its portion of railway as te build be- above mentioned, within two years from the first day of May fore 1st May, jjext, it shall forfeit all claims to land under this act. Plan of each 9. A copy of the plan of each of the said railways shall be railway to be furnished to the Provincial Secretary, and if the Lieutenant- No grant for Govemor in Council should be of opinion that the line of any e,xcessive railway adopted by the company is longer than it should be, ^"®' ■ he shall withhold a portion of the grant, authorized by this act, proportionate to the number of miles which he shall deem to be in excess of the proper length. SCHEDULE. BLOCK E. The territory lying on the S. W. bank of the River St. Mau- rice, and being situate partly in the counties of Portneuf and Champlain, and bounded and circumscribed as follows : Begin- ning at the mouth of Trout River, one of the westerly tribu- taries of the River St. Maurice aforesaid, at the 127th mile- post planted by P. L. S. Bignell, in 1847, at the point marked e, on the accompanying plan, by a line running astronomically south 45 ° west, a distance of 28 miles to the point /, thence on the astronomical bearing, north 45 ° west, 46 miles to g ; from this point, at right angles, to this last mentioned line, and on the course north 45 ° east astronomically, 19 miles more or less, to its intersection with the west shore of Lake Travers, one of the head waters of. the River St. Maurice, at the point marked h, being due west from the 190th mile-post, planted by the said P. L. S. Bignell, on the east side of said AID TO CERTAIN BAILWAY COMPANIES. 309 Lake Travers ; then following the west bank of Lakes Travers and Shamgois, and in continuation in a south-easterly direction, the west shore of the said St. Maurice Eivtr, to the place of beginning as at e. The said block E, containing a superficies of 752,000 acres, more or less. BLOCK F. The territory forming part of the unoccupied lands of the Crown, situate in the counties of Quebec, Montmorency and Chicoutimi. and bounded as follows, that is to say : Beginning on the line of exploratory survey from Stoneham to Lake St. John, established in 1847, by the surveyor F. W. Blaiklock, at the post planted by him to mark the twenty- ninth mile from the south-western angle of the said township of Stoneham, at the place indicated by the letter G, on the above mentioned plan, thence following the said line on the astronomical bearing north 15 ° west for a distance of twelve miles, to the post which marks the forty-first mile of the said survey ; From such point marked H, on the above mentioned plan, by a line running north 70 ° east, a distance of eighteen miles to I, the said point being situated one mile from the coloniza- tion road from Quebec to Lake St. John , thence on a line parallel to the various sinuosities of the said road, always at the same distance of one mile, in a general northerly direction, 18 ° west to the forty-eighth degree of north latitude, which forms the boundary between the counties of Quebec and Mont- morency, and the county of Chicoutimi, to the point J, a dis- tance of twenty-seven miles, and thence on a line parallel to that of the road hereinbefore mentioned, in a general northerly course, 36 ° west, about nine miles to the point K ; Thence following a line running north 73 ^ 50' west, a dis- tance of forty-five miles, till it meets the main branch of the River Croche, in L ; • Thence descending the course of the said river, towards the south-west, about fourteen miles to M ; The said block F being in the said locality, bounded on the north-east side by the last timber limits conceded on the eastern bank of the River Croche, running south 75 ^ east, a distance of ten miles, and in prolongation thereof a mile and a-half, to its intersection with the line of exploration drawn in 1854, by the surveyor F. W. Blaiklock, from Latuque to Lake St. John, to the point designated by the letter N, on the said plan ; Thence on the said line of exploration south 22 ° west, astronomically, a distance of four miles and a-half to O, on the forty-eighth degree of north latitude aforesaid, and following such parallel towards the east, a distance of fifteen miles to P, to the point where it intersects the River Waquagamakasis ; Ascending the said river, which discharges into the Lake des Commissaires, and following its eastern bank, and the corres- ponding shore of Lake Najaoualank (one of the sources of the 310 AID TO CERTAIN RAILWAY COMPANIES. Grand Kivei- Bostonnais), and in continuation, that of the River Pequouaqouasoui, to the letter D, which marks the north west angle of block B, granted to the North Shore and the Mon- treal Northern Colonization Railway Companies, a distance of ,about twenty-four miles ; thence due east, following the northern boundary of the said block B, for a length of two miles to E ; thence pursuing, for twenty-three miles, the eastern and south-eastern line of the said block B, to the point Q, which line should follow for about six miles the general course of the River Metabetchouan, and the line established by the surveyor Eugene Casgrain, defining the position of the projected railway from Quebec to Lake St. John ; Lastly, from the said last mentioned point, on a course east astronomically, six miles to R, at the intersection of the said line of exploration hereinbefore mentioned, and in continua- tion in the same direction, ten miles to G to the point of depar- ture hereinbefore firstly mentioned. The said block F, containing one million, one hundred and eighty-three thousand acres in superficies. 36 VICTORIA, CHAPTER 42. (Quebec.) An act to provide for tlie granting of aid to certain railway companies. [Assented to 24 but is reprinted here as a reference. lo.OQO acres 1- The Lieutenant-Govemor in Council may, subject to the of land per provisions of the next following section, grant to " The Bay way may J. e of Chaleurs Railway Company," for the construction of its grantedtothe railway, from a point on the Intercolonial Railway, in the leureR.'oo."" vicinity of tlie Metapedia River, to New Carlisle, and the Bay of Paspebiac, and of its extension to Gasp6 Basin, ten thousand acres of land for each mile of such railway, the said land to be chosen within the limits of the counties of Rimouski, Gasp6 and Bonaventure ; and the Lieutenant-Governor in Coimcil may, for the purpose aforesaid, select the lands to be so granted, from and out of the unoccupied lands of the Crown in the said counties. ConJitions of 2. The Said company shall be entitled to the said grant Baid grant. upon the following conditions only : AID TO CERTAIN RAILWAY COMPANIES. 311 The said railway shall be begun within five years from the ■passing of this act ; The said railway shall have been completed and put into -operation within the time fixed by the act of incorporation thereof. The Lieutenant-Governor in Council, if he thinks proper, may nevertheless, when it is established that the said company is actively engaged ,in the construction of its works, confer upon it, for each twenty-five miles of the said road completed, a grant of land corresponding to such length of road. 3. The Lieutenant-Governor in Council may, subject to the Similar grant provisions of the next following section, grant to " The ™'\^e Mout.^ Montreal Northern Colonization Railway Company," with a North. Colo- view of aiding in the construction of that part of the road ^^^^^wn R. lying between Aylmer and Deep River, ten thousand acres of land for each mile in length of the said portion of the railway, -and such grants shall be taken from within the limits of the 'Counties of Argenteuil, Ottawa and Pontiac ; and the Lieutenant- ■Governor in Council may, for the purpose aforesaid, select the lands to be so granted, from and out of the unoccupied lands ■of the Crown in the said counties. ' 4. The said company shall be entitled to the said grant upon Conditions of the following conditions only : ^^" ^"^^^ ' The said railway shall be begun within five years from the passing of this act ; The said section of the said railway, from Aylmer to Deep River, shall have been completed and put into operation to the ■ entire satisfaction of the Lieutenant-Governor in Council. Nevertheless, the Lieutenant-Governor in Council may, if he thinks proper, when it is established that the said company is -actively engaged in the construction of the work, grant unto the same, as soon as twenty-five miles of such section of road shall have been completed, a part of the said lands in propor- tion to such length of road. 5. In case the last named company shall not have bond fide Railway to •commenced to build its railway or section of railway, as above clj^^™"?" 2 mentioned, within two years following the first day of January years or grant next, then and in that case it shall forfeit all claims to land. *« be forfeit- under this act. 6. Notwithstanding anything to the contrary contained in 32 v., c. 52. the act thirty-second Victoria, chapter fifty-two, whenever one • continuous half of any of the following mentioned railways, viz : the Philipsburg, Farnham and Yamaska Railway Company, the Waterloo and Magog Railway Company, the Missisquoi and Black Rivers Valley Railway Company, the Quebec Frontier Railway Company, or any continuous portion of such railways, Proportion- not less than twenty-five miles in length, shall be completed l^l^^^ ^g^. -and put in operation, the Lieutenant-Governor in Council may, tioued in said «on demand of the company, pay for every such half, or for "'<=* °»*y ^^ 312 AID TO CERTAIN RAILWAY COMPANIES. paidtocer- any such length of road, the full amount of the subsidy raen-- on'certain*^^ tioned in the said act, in proportion to the number of miles so- conditions, completed, and the operations shall be begun on each of said railways, within two years, and completed within five years- from the date of the passing of this act. How such payment shall be made. Delay grant- ed to Mont. N. Col. R. Co. by sec. 17 of 34 v., c. 21, extended. T. Such payment, may be made either in money or by means - of capitalized Government debentures, and the provisions of subsections four, five, six, seven and eight, of section five of" the said act, shall apply to the said debentures, in the same manner as to the converted debentures, mentioned in the said subsections, and shall subject the company and the railway,, and all the properties and appurtenances thereof, to the same obligations, conditions and lien, as they would have been sub- ject to, in the case of the payment of the annual subsidy, or of debentures having been issued, in virtue of the said act. 8. The delay granted to the Montreal Northern Colonization Railway Company, by section seventeen of the act thirty-fourth Victoria, chapter twenty-one, is extended until the first day of ' May, eighteen hundred and seventy-four, and in case the said company shall not have commenced to build its railway wiiJiin the period mentioned, it shall forfeit all claims to land under - the said act and under this act. Delay grant- ed St. Pr. & Megantic I. R. Co., by sec. i, of 35 v., c. 23, ex- tended. 9. The delay granted to the St. Francis and Megantic In- ternational Railway Company, by section four of the act thirty-fifth Victoria, chapter twenty-three, is extended imtil the first day of January, eighteen hundred and seventy-four. The Lieut- GoT. may grant $2,500 per mile to certain rail- way compa- nies. 37 VICTORIA, CHAPTER 2. (Quebec) An act to provide for the granting of aid to certain railway companies. [Assented to 28th January, 1874.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which are printed below, viz : 38 V., c. 2. 39 V., c. 2, s. Jfi, and 49-50' v., c. 77. 1. The Lieutenant-Governor in Council may, subject to the- conditions and limitations contained in the Colonization Railway Aid Act of 1869, in relation to the conversion of subsidy therein mentioned, and further subject to the conditions, limitations- and provisions of this act, grant provincial aid in lieu of that-' specified in the said Colonization Railway Aid Act of 1869, to the extent of two thousand five hundred dollars for each and every AID TO CERTAIN EAILWAY COMPANIES. SIS continuous and unbroken mile of railway, with no additional allowance for bridges, to each of the following companies, namely : The Quebec and Lake St. John Railway ; The Levis and Kennebec Railway ; The South-Eastern Railway, for such portion thereof as formerly belonged to the Richelieu, Drummond and Arthabaska Coimties' Railway ; The Philipsburg, Famham and Yamaska Railway ; The Missisquoi and Black Rivers Valley Railway ; The Quebec Frontier Railway ; The Quebec and New Brunswick Railway ; The St. Francis and Megantic International Railway ; The Bay of Chaleurs Railway ; The Sherbrooke, Eastern Townships and Kennebec Railway ; The Waterloo and Magog Railway ; and. The Montreal Northern Colonization Railway, (branch line.) The Lieutenant-Governor in Council may also, subject to the $1,000 per foregoing conditions, grant unto the Montreal, Chambly and granted'^for Sorel Railway Company, and unto the South-Eastern Railway the road builfc Company, provincial aid to the extent of one thousand dollars ^^ certain , per mile, for such length of road as belonged to each, before before their the amalgamation of such railway companies, respectively, with amaigama- other companies, on compliance with the law in that behalf. 2. All sums of money heretofore paid by the Government of Money aid this Province to any of the above mentioned railway com- tr^nttd t be- panics, under the act referred to in the foregoing section, or taken as on under any act amending the same, shall be deemed to have account of been paid to such company on account of, and shall be deducted grant. from the increased aid or subsidy to which it would otherwise have been entitled under this act. 3. Notwithstanding any provision contained in the Coloniza- Aid may be tion Railway Aid Act of 1869, the Lieutenant-Governor in Coun- f^'^g^ ^°T^^^ cil, if he thinks proper, may nevertheless, when it is established of road com- that any one pf such companies is actively engaged in the con- pleted. struction of its works, grant to it, for each twenty -five miles or more of road completed, or one continuous half of the whole line, a portion of such provincial aid, proportionate in amount to such length of road. 4. The Quebec and New Brunswick Railway Company shall The Quebec: not be entitled to any aid under this act unless it shall have, gruJ^^Ycli: on or before the first day of January, one thousand eight Railway hundred and seventy-five, signified, in writing, unto the Secre- Company tary of the Province, the abandonment by it of any claim to nounce its the grant of land specified in the eighth, ninth, tenth and grant of eleventh sections of the act of this Province, thirty-fourth ^™^^' Victoria, chapter twenty-one, and the acceptance by it of the subsidy or aid accorded by this act ; in the event of the com- pany determining to accept such aid or subsidy, and so signify- ing its intention, it shall be deemed to have forfeited, and shall forfeit all claim to the grant of lands mentioned in the said act. -314 AID TO CERTAIN RAILWAY COMPANIES. The St. Fian- 5. The Si. Francis and Megantic International Railway "gau^ic^ fnter- Company shall not be entitled to any aid under this act, unless national Rail- it shall have, on or before the first day of January, one thousand way Co. must eight hundred and seventy-five, signified, in writing, unto the .grant of Secretary of the Province, the abandonment by it of any claim lands. to the grant of land specified in sections two, three and four of the act of this Province, thirty-fifth Victoria, chapter twenty- three, and the acceptance by it of the subsidy or aid accorded by this act ; in the event of the company determining to accept such aid or subsidy, and signifying its intention to that efiect, it shall be deemed to have forfeited, and shall forfeit all claim to the grant of lands mentioned in the said act. The Bay of Chaleurs Railway Co. must re- nounce its grant of -lands. 6. The Bay of Chaleurs Railway Company shall not be entitled to any aid under this act, unless it shall have, on or before the first day of January, one thousand eight hundred and seventy-five, signified, in writing, unto the Secretary of the Province, the abandonment by it of any claim to the grant of land specified in sections one and two of the act of this Province, thirty-sixth Victoria, chapter forty-two, and the acceptance by it of the subsidy or aid accorded by this act ; in the event of the company determining to accept such aid or subsidy, and signifying its intention to that effect, it shall be deemed to have forfeited, and shall forfeit all claim to the grant of lands mentioned in the said act. The Quebec .and Lake St. John Rail- way Co. must re- nounce its grant of lands. T. The Quebec and Lake St. John Railway Company shall not be entitled to any aid under this act, unless it shall have, on or before the first day of January, one thousand eight hundred and seventy-five, signified, in writing, unto the Secre- tary of the Province, the abandonment by it of any claim to the grant of land specified in sections five and six of the act of this Province, thirty -fifth Victoria, chapter twenty-three, and the acceptance by it of the subisidy or aid accorded by this act ; in the event of the company determining to accept such aid or subsidy, and signifying its intention to that effect, it shall be deemed to Lave forfeited, and shall forfeit all claim to the grant of lands mentioned in the said act. •Certain com- panies must ifee organized, ^nd have at ieast 10 miles -of road ready to receive j-ails before Ist Nov., 3874. 8. If any company mentioned in the first section of this act, with the exception of the Quebec and New Brunswick Railway, the St. Francis and Megantic International Railway, the Bay of Chaleurs Railway, and the Quebec and Lake St. John Rail- way, to which four companies the provisions of this section shall in no manner apply, is not, upon the first day of November, one thousand eight hundred and seventy-four, fully and in good faith, organized under the charter thereof, and has not, on such day, at least ten miles of road graded and in perfect readiness for rails to be laid down thereon, such company shall not be entitled to any grant under the first section of this' act, but, on the contrary, in so far as relates to any such railway company, the grant mentioned therein shall be entirely inoper- ative and of no effect. AID TO CERTAIN RAILWAY COMPANIES. 315 9. The Lieutenant-Governor in Council may, subject to the A loan of "provisions o£ the next following sections, grant.bj'^ way of loan, to |''5i,366 may > the Montreal Northern Colonization Kailway Company, for the railway building a railway from Montreal to Aylmer, provincial bonds f'"™ ^on- or debentures to the extent of seven hundred and fifty-one ^er. ° ^ ' thousand, three hundred and sixty-six dollars, which be is hereby authorized to issue in such forms, for such amounts. Issue of bonds and subject to such provisions in respect thereof, as shall be poU'aut^ior- deemed to be in the public interest. ized. 10. The said last mentioned company shall be entitled to Conditions, the said loan, upon the following conditions only : 1. The whole of the said railway shall have been completed Delay, and put into operation, between Montreal and Aylmer, and also the branch of the said road from Ste. Th^rese de Blainville to the village of St. J6r6me, on or before the first day of May, one thousand eight hundred and seventy-six, to the entire satisfaction of the Lieutenant-Governor in Council ; 2. The said railway shall connect with the North Shore Connection Eailway from Quebec to Montreal, at such point as has been g^ore Rail- determined by the Lieutenant-Governor in Council ; way. 3. The Lieutenant-Governor in Council shall have the ap- GoTemment pointment of one-third of the directors of the company, without °'™''*'"'^- counting the ex-officio director or directors representing muni- cipalities, and no city, town or municipality shall be represent- ed in the company by a greater number of directors than the Lieutenant-Governor in Council ; 4. The company shall, on or before the fii'st day of August, Abandon- one thousand eight hundred and seventy-four, signify, in writ- ^nlnds^'^''" ing, unto the Secretary of the Province, the abandonment by it except share of any claim to the grant of lands specified in section five of u^^^ ^^ the act of this Province, thirty -fourth Victoria, chapter twenty- one, and section three of the act, also of this Province, thirty- sixth Victoria, chapter forty-two, except the share of the said company in that portion of the said land grant described in the schedule of the said act, thirty-fourth Victoria, chapter twenty- one, as block A, and the acceptance by it of the grant or loan accorded by this act. In the event of the company determining to accept such grant or loan, and signifying its intention to that efiect, it shall be deemed to have forfeited, and shall forfeit all claim to the grant of lands mentioned in the said acts, except as hereinabove mentioned ; 5. The company shall, on receiving the provincial bonds or Exchange of debentures or any part thereof, as hereinafter provided, give in ^onds^bear- exchange therefor debentures of the company, bearing interest ing interest. at the rate of six per cent per annum, to an equal and corres- ponding amount ; 6. Such amount of the capital stock of the said company Capital to be shall have been subscribed for, over and above the amount subscribed. 316 AID TO CERTAIN RAILWAY COMPANIES. Class of the road. which has ah'eady been, or which may hereafter be subscribed for by municipahties, as the Lieutenant-Governor in Council shall deem just and reasonable, and at least ten per cent upon such additional stock shall have been bond fide paid in ta the company ; > ?. The main line of the said company's railway shall be & first-class road, and shall have been accepted as such by the Lieutenant-Governor in Council on the report of the Provin- cial Railway Board. Aid may be 11. The Lieutenant-Governor in Council may, however, if he each"25°miles ^'hinks proper, when it is established that the said company is of road com- actively engaged in the construction of the works, grant unto pieted. such company, as soon as twenty-iive miles of the railway shall have been completed, and for every twenty-five miles thereafter, a portion of such provincial grant or loan proportionate to such length of road. Issue of their 12. After the coming into force of this act, and the accept- *'.°°.'J^ ™*y ^^ ance by the said company of the above mentioned loan, upon » the conditions hereinbefore stated.the said company shall further undertake and oblige themselves not to issue their bonds or debentures, for any sum other or greater than that which may hereafter be fixed and determined by the Lieutenant-Governor in Council. ' The company, on receiving loan, sliall give the bonds as collateral security. These shall be replaced by 2nd class bonds. Rank of loan. 13. The company shall, on receiving the provincial bonds or debentures, or any part thereof, give in exchange therefor, their bonds to an equal and corresponding amount, payable in thirty years, and bearing six per cent interest, and such bonds shall be held by the Government as collateral security for the loan made to the said company under this act. But so soon as the said company shall be in a position to issue second-class bonds or debentures, such second-class bonds shall be handed over to the Government in lieu and place of the bonds originally given to the Government as aforesaid, and for a similar amount. And in either case the loan made by the Government to the company in virtue of this act, both in principal and interest, shall rank after the subscription of stock now made, or here- after to be made by municipal corporations, and the dividends or profits thereon, and before all private subscriptions of stock and dividends accruing thereon. Proportion- ate aid may be given for the road from Aylmer toDeep River. Issue of bonds for this pur- pose. 14. If that part of the line of the Montreal Northern Colo- nization Railway Company, which extends from Aylmer to Deep River, has been definitely located, and the company has made satisfactory proof of their readiness to proceed with the work of construction, on or before the first day of June, one thousand eight hundred and seventy-five, it shall be lawful for the Lieu- tenant-Governor in Council to grant unto the said company, by way of loan, provincial bonds or debentures which he is hereby authorized to issue, in such forms, for such amounts, and sub- AID TO CERTAIN RAILWAY COMPANIES. 317 ject to such provisions in respect thereof, as he shall deem expedient. But in the event of the said Montreal Northern Another com- Colonization Railway Company not proceeding with the con- aut^orized^to stitietion of the line from Aylmer to Deep River in good faith — bniid the within the limit of time provided by this section — then, and in ™*'*> ^'^^ that case, the Lieutenant-Governor in Council may authorize any railway company incorporated or to be incorporated to proceed with the construction of the said line between Aylmer and Deep River, and be entitled to the grant, by way of loan, provincial bonds or debentures, provided for in this clause. Such loan shall be made for an equal and corresponding amount per jmle, and under the conditions and terms specified in this act, in relation to that portion of the said railway lying between Montreal and Aylmer. 15. The Lieutenant-Governor in Council may, subject to the A loan of provisions of the next following sections, grant unto the North $i!248,634 Shore Railway Company, for building the North Shore Railway to the North from Quebec to Montreal, and the road from the city of Three Shore road, Riv-ers to the Grandes Piles, and the establishment of a line of to the steamers on the St. Maurice, as mentioned in the act of the late Grandes Province of Canada, intituled : " An act to incorporate the St. ^^i^^l ^^^ *° Maurice Railway and Navigation Company," and by way of loan, steamers on the sum of one million, two hundred and forty -eight thousand, ^}^ ^^- **■*"" six hundred and thirty-four dollars, and payment of such grant or loan shall be made in and by means of provincial bonds or Issue of debentures, which the Lieutenant-Governor in Council is hereby ^^^^ pur'pose. authorized to issue, in such forms, for such amounts, and sub- ject to such provisions in respect thereof as he shall deem to be for the public advantage. 16. The company shall be entitled to such loan upon the Conditions. following conditions only : 1. The said railway shall have been completed and put in Road to be operation to the entire satisfaction of the Lieutenant-Governor ^^oJi°*° °'^^'^' in Council, and steam navigation shall have been put into operation on the St. Maurice. The Lieutenant-Governor Aid may be however may, if he thinks proper, when it is established that fach" 5^°miles the said company is actively engaged in the construction of its of road com- works, grant to it, for each twenty-five miles of road completed, pleted. a portion of the said loan, proportionate in amount to such length of road ; and provided, moreover, that he shall always ^''°ln? °l retain a sufficient amount of the said loan to insure the entire retained to completion of the road from the city of Three Rivers to the insure the Grandes Piles, and the establishment of a line of steamers on the^Grandes the St. Maurice. Piles road. 2. The company shall, on or before the first day of May, one Abandon- thousand eight hundred and seventy-four, signify to the Sec- ^n^^^f'^''^ retary of the Province, the acceptance by it of such loan in lieu except share of the grant of lands to which it might otherwise have been '^y^^^^ "'' entitled under the act of this Province, thirty-fourth Victoria, chapter twenty-one, intituled : " An act to provide for the 318 AID TO CERTAIN RAILWAY COMPANIES. granting of certain lands in aid of the railway companies there- in mentioned ; " except the share of the said company in that" portion of the said land grant described in the schedule of the* said act as block A, and in and by such signification it shall resign and renounce, and shall be deemed to have resigned and renounced all claim to any such grant of lands, save and except the said share or portion in block A ; 3. The company, in exchange and return for all provincial' bonds or debentures granted to it under the provisions of this act, shall give its own bonds or debentures for similar amounts ;. and all such bonds or debentures shall be redeemable within thirty years from the date thereof, and shall bear interest at the rate of six per cent per annum, and no such debenture shall be for a less sum than one hundred dollars ; Capital paid. 4. At least ten per cent shall be paid on all stock subscribed, and not cancelled by the board of directors, but this provision shall not apply to stock subscribed by municipalities ; Company to exchange bonds bear- ing interest. Road to be a Ist class road. 5. The main line of the said railway shall be a first-class road, and shall have been accepted as such by the Lieutenant- Governor in Council, on the report of the Provincial Railway Board. Company IT. After the coming into force of this act, and the accep- boTds^to^the ^^^^^ ^J ^^e said company of the above mentioned loan, upon amount fixed the conditions hereinbefore stated, the said company may issue by Lieut.- their bonds or debentures, for such sum as may hereafter be fixed and determined by the Lieutenant-Governor in Council, and for no other or further sum whatsoever, any aci to the contrary notwithstanding, and such sum so fixed and deter- mined shall be raised, subject to the forms and provisions of the eleventh subsection of the ninth clause of the railway act, con- tained in the Consolidated Statutes of Canada, chapter sixty- six, which shall apply to such loan. Property of 18. And for securing the due payment of the bonds, deben- to^be'^h^p^o'^"''' ^^^^^ °^ °*^^^' securities to be issued by the said company, as thecated and Well by reason of the loan authorized by the foregoing section, the^s°^ ^^^°' ^® ^^^ ^^^ ^^ exchange for the provincial debentures to be granted under this act, the road, lands, and real and personal estate of the said company shall be charged and hypothecated. in the order and manner following, that is to say : 1. In favor of all persons holding bonds or debentures issued' by the company, under section seventeen of this act, which bonds and debentures shall be hereafter knowTi as and styled " North Shore Railway Company, first preference bonds ; " 2. In favor of the corporation of the city of Quebec and all other subscribing municipalities to the amount of the capital sum of their subscribed stock; and a dividend thereon not exceeding seven per cent per annum ; AID TO CERTAIN RAILWAY COMPANIES. 319» 3. In favor of the Government of this Province, for the amount of the provincial bonds exchanged for the bonds and debentures of the company under the provisions of this act. 19. In the event of the company determining to accept the Number of . loan hereinabove specified, upon the terms and conditions set i^irectors. forth in this act, and signifying their acceptance thereof, in the manner and form herein provided, from and after the twentieth day of May, one thousand eight hundred and seventy-four, inclu- sively, the board of directors of the company shall be composed of twelve members in addition to the representatives of the municipalities entitled to form part thereof. Of these twelve Six to be members, six shall be named by the Lieutenant-Governor in ?^™!^q^v Council, and six only shall, in future, be elected by the share- holders and bond-holders, in the manner hereinafter provided ; but until the twentieth day of May, one thousand eight hun- dred and seventy-four, the said board shall consist of the present directors, and until the next election of directors the Present board shall not have power to fill vacancies among the directors ^°^^^^ elected. 20. In the election of directors of the said company on the Qualifica- twentieth day of May next, and at all elections thereafter, each tlT^o^ ^°^™* shareholder shall be entitled to one vote for each one hundred dollars of stock held by him, upon which at least ten per cent shall have been paid up, and upon which all other and subse- quent calls shall also have been paid up, and each person hold- ing bonds or debentures of the said company issued under sea- Bond-holders tion seventeen of this act, shall be entitled to one vote for each ^^^^^ '^°^^' one hundred dollars of bonds or debentures so held by him, and such shareholders or bond-holders shall be entitled to vote either in person or by proxy. 21. Notwithstanding anything to the contrary contained Advances in this act, it shall be lawful for the Lieutenant-Governor in ^Yhe'^M^n!^*' Council, on satisfactory proof that the Montreal Northern treal North- Colonization Railway Company, or the North Shore Railway ern Coioniza- Company, have made complete financial arrangements or en- >foith Shore tered into contracts in good faith, for the construction of their roads. respective lines of road, and that the work thereon is in active progress, to advance, from time to time, unto either or both of such railway companies, out of the grant or loan to which they would be entitled under this act, a sum bearing such pro- portion to the total amount of the grant authorized herein, as the progress of the work, and the security taken by the com- panies, for the completion therof , may then seem to the Lieuten- ant-Governor in Council to justify. But nothing in this section Proviso. shall in any way affect the proviso contained in the sixteenth section of this act. 22. In the event of any of the said railway companies neg- This act shall: lecting to exercise the option conferred upon it or neglecting not apply to J to signify its acceptance in the manner and within the delay <^°™P'^'^'^^ - S20 AID TO CERTAIN RAILWAY COMPANIES. not declaring prescribed in this act, then and in such case, the provisions of ^®']^j°P^*^°° this act shall in no respect apply to such railway company, and prescribed in SO far as concerns such railway company this act shall be ■delays. deemed not to have been passed. Provincial 23. All provincial bonds or debentures issued under the ■honds. authority of this act shall be made payable in thirty years from the date thereof, and shall bear interest at the rate of five per cent per annum, and in the case of the issue thereof, it shall be the duty of the Treasurer of the Province, to cause to be invested yearly, one per cent on the amount of such bonds or deben- Sinkingfund. tures, as a sinking fund, for the redemption of the- principal thereof at maturity. Negotiation •of bonds. Citation of this act ; its coming into force. 24. The Treasurer of the Province, on being authorized by the Lieutenant-Governor in Council, may negotiate and sell the said debentures mentioned, and pay the proceeds thereof to the respective railway companies under this act. 25. The expression " The Quebec Eailway Aid Act of 1874," shall be a sufficient citation of this act ; and it shall come into force on the day of its sanction. 38 VICTOEIA, CHAPTER 2. (Quebec.) An act to provide for the granting of an additional subsidy to certain railway companies, and for other purposes. [Assented to 23rd February, 1875.] TTER MAJESTY, by and with the advice and consent of the -•-^ Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which are printed below, viz : 39 V., c. 2. ^^-^5 V., c. S, and 49-50 ¥., c. 77. Additional subsidy to certain roads, 1. The Lieutenant-Governor in Council may grant an ad- ditional subsidy of fifteen hundred dollars per mile, to each of the following railway companies : 1. The Quebec and Lake St. John Eailway, for a length not exceeding 150 miles ; 2. The St. Francis and Megantic International Railway, for a length not exceeding 80 miles ; 3. The Bay of Chaleurs Railway, for a length not exceeding 180 miles ; 4. The Levis and Kennebec Railway, for a length not exceed- ing 90 miles ; AID TO CERTAIN RAILWAY COMPANIES. 321 5. The Sherbrooke, Eastern Townships and Kennebec Rail- way, hereafter known as the " Quebec Central Railway Com- pany," for a length not exceeding 100 miles ; 6. The Philipsburg, Farnham and Yamaska Railway, for a length not exceeding 100 miles ; 7. The Montreal Northern Colonization Railway (for the portion of the branch line beyond St. Jer6me), for a length not ♦exceeding 18 miles. 2. The subsidy mentioned in the preceding section shall be How the same paid in the same manner as the provincial aid granted by " The ^^^ ^^^' Quebec Railway Aid Act of 1874," with the exception that the same may be payable for each ten miles or more of road com- pleted, continuous and uninterrupted. 3. The lands granted to the St. Francis and Megantic Inter- Lands re- national Railway Company by the act of this Province, 35 Vict., "°ited to the •chap. 23, and those granted to the Quebec and Lake St. John main. Railway Company by the act of this Province, 35 Vict., chap. 23, are declared to be reunited to the Crown domain, in con- sequence of the abandonment thereof made by these companies, and of their option in favor of a moifey grant, under the authority of " The Quebec Railway Aid Act of 1874." 4. The Quebec Frontier Railway Company, and the Missis- Subsidy of ■quoi and Black Rivers Valley Railway Company, which have the ^^^^ to'cer- right to a subsidy in money under " The Quebec Railway Aid tain compa- Act of 1874," shall continue to have the right to that subsidy "i^s till 1876. till the first of February, 1876 ; provided that, at this date, not less than ten miles of road, continuous and non-interrupted, with iron or steel rails, shall have been made and completed by those companies. The payment of such subsidy may be made for each ten miles or more of road thus finished and com- pleted. 5. The railway companies which have the right, under " The How the sub- Quebec Railway Aid Act of 1874," to a subsidy, only after hav- ^jf^ °^^^H ing made and completed twenty-five miles of road, continuous ^ * e pai • and non-interrupted, shall have the right to such subsidy for •each ten or more miles of road thus made and completed, among which is included the Montreal and Laurentian Colo- New road. nization Railway not exceeding 15 miles. 6. Notwithstanding any provision to the contrary, any com- $.75 per mile pany which is entitled to a subsidy under the present act, or of °'^ account. " The Quebec Railway Aid Act of 1874," shall have the right to receive, on account of the subsidy thus granted, a sum of seventy-five dollars per mile, to assist such company to locate its road, but only after the surveys, plans and profiles of such road shall have been deposited in the Department of Agri- •culiure and Public Works. 21 332 AID TO CERTAIN RAILWAY COMPANIES. Subsidy of T. Whereas it is o£ the greatest importance for this Province- function ° *^ ^ secure the junction of the Pacific Railway with the railways;. bridge in of the north shores of the St. Lawrence and Ottawa rivers, the Pontiao. Lieutenant-Governor in Council may grant a sum of .thirty thousand dollars, to assist in the construction of the bridgfr which shall unite, in the county of Pontiac, the railways of th& north shores of the St. Lawrence and Ottawa rivers, to the Pacific Railway. Title. 8. The present act shall be known, and may be cited under- the name of " The Railway Subsidy Act of 1«75." Coming into 9. This act shall enter into force on the day of its sanction, force. 39 VICTORIA, CHAPTER 3. (Quebec.) An act to amend the law respecting subsidies in. money made to certain railways. [Assented to 24ith Becember, 1875.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which are printed below, viz : Ifi V., c. 3, and 1^7 V., c. 70. Section 2 is replaced by Jfi V., c. 3, but is reprinted here as a reference. Conversion 1. The Lieutenant-Governor in Council may, upon resolution pa™enTof ^° °^ ^^^ directqrs of any company entitled to a subsidy in money, the interest?, convert such Subsidy into a guarantee, and payment by this Province, in favor of the holders of bonds or debentures of such company, of interest at the rate of five per centum per annum, on a capital which at such rate produces a sum, in in- terest, equal to the subsidy granted for each mile of road, together wit|i interest thereon, until the whole subsidy be paid. Snbsiriieg 2. Any pq,yment on a subsidy already made by this Prov- ^'r^nV^'*^ ince, may be yetumed to the Provincial Treasurer, and thereafter ■ converted into a like guarantee, for such part or portion of the subsidy returned. Payment. 3. The payment of the interest shall be made semi-annually, . for every ten miles or more of road completed, continuous and uninterrupted. Subsidy of 4. The Subsidy of one thousand dollars per mile granted to« ChamWy'anli ^^^ Montreal, Charably and Sorel Railway Company (now SorelComp'y amalgamated with and known as the Montreal, Portland and AID TO CERTAIN RAILWAY COMPANIES. 323'; Boston Railway Company), for that part of the said road from changed as Sorel to Chambly, and from Chambly to St. Jean, shall be J^fn partof" withdrawn, and used, applied and paid on the line of the said the road. Montreal, Portland and Boston Railway vid Chambly, West Famham and Frelighsburg, to the frontier of this Province ; provided that, between this day and the first day of August Proviso, next, the directors of the said Montreal, Portland and Boston Railway Company pass a resolution to such end, and that such resolution be approved by a majority of the votes of the share- holders thereof, and by the Lieutenant-Governor in Council, and provided that the directors of such company have given Proviso^. satisfactory evidence, to .the Lieutenants-Governor in Council, that the company has paid to the proprietors the cost of the right of way and the damage to their properties. 5. The subsidy of two thousand five hundred dollars per Subsidy t«. mile granted to the South-Eastern Railway Company, for that of^the°S^uZ- part of the said road heretofore known as the Richelieu, Eastern Raii- Drummond and Arthabaska Counties Railway, for a length' of f^y chaiigeit V ^ ^j TOT* fl PPTTill n fifty-five miles, from Drummondville to the Arthabaska branch portion. (Grand Trunk), and all that portion of the said road to the east of Drummondville, shall be withdrawn, and used, applied and paid on the line of the said South-Eastern Railway, from Sorel to Sutton Junction viA Acton and Waterloo ; provided that; Proviso, between this day and the first day of August next, the direc- tors of the said company pass a resolution to that end, and that such resolution be approved by the majority of the votes of the shareholders thereof, and by the Lieutenant-Governor in Coun- cil ; provided also, that the said company return to the muni- Proviso, cipality of the townships of Wendover and Simpson, the bonds or debentures subscribed by such municipality to the said road, or the amount thereof, save and except the interest already paid thereon ; and provided that in any case, the apportionment of the said subsidy added to the present subsidy, does not exceed the total amount of $4,000 for each mile of road. Nothing hereinabove contained shall affect the road to Provisoi I'Avenir. 6. The delay accorded by section 4 of the act of this Prov- Certain de- ince, 38 Vict., ch. 2, is extended until the first day of the '''•'" ^''tended; month of October next. T. Nothing in this act contained shall be construed as ex- riiterpretaw tending the period for the r.ccomplishment of the conditions *'°"- which such companies are bound to fulfil to be entitled to a subsidy in money, save in so far as is prescx-ibed in the section preceding. 8. This act shall come into force on the day of its sanction. -Act in rorc«u 324 AID TO CERTAIN RAILWAY COMPANIES. 39 VICTORIA, CHAPTER 4 (Quebec.) An act authorizing the issue of provincial deben- tures, lor the payment of the subsidies granted to railway companies. [Assented to 24ith December, 1875.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enactp as follows : Note. — This chapter is affected by the act ^7 V., c. 70, which is printed helow. Loan of 1- The Lieutenant-Governor in Council may authorize the £860,000 Provincial Treasurer to contract a loan, and to that end to issue, * ^"^ ' sell and negotiate bonds or debentures in the name of the Province, to an amount not exceeding eight hundred and sixty thousand pounds sterling. I (Debentures, 2. Such bonds or debentures shall be issued in the form, their form, g^^j according to the mode and conditions which the Lieuten- ant-Governor in Council shall deem expedient to prescribe, in the interests of the Province. Such bonds shall be payable in thirty years, in currency or sterling, and shall bear interest not exceeding five per centum Siukingfuncl. per annum. A sinking fund of one per centum per annum shall be established for their redemption. Employment. 3 'Y\i& amount raised by such loan and issue of debentures , shall be employed in the payment of the subsidies granted by the various acts of this Legislature. Actintoforce. 4. This act shall come into force on the day of the smction thereof. 40 VICTORIA, CHAPTER 3. (Quebec.) An act to amend the law respecting subsidies in money made to certain railways, and for other purposes. [Assented to 28th December, 1876.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter, is affected by the followvng acts, which ar'eprinted below, viz : 4-4-4^ V-, c. S. Jfi Y., c. 85, and J^7 F., c. 10. AID TO CERTAIN RAILWAY COMPANIES. 325 1. The Lieutenant-Governor in Council, as soon as the fol- Advances lowing railway companies : which may The Levis and Kennebec Railway Company ; certetn^rail- The Quebec Central Railway Company ; ■*^»y «»"- And the St. Francis and Megantic International Railway ^'''"*^' Company, Shall have put the completed portions of their roads in good Couditione. working order, to his satisfaction^ may advance to them, on account of their subsidy, 1. a sum of $1,000 for each mile thus completed, in addition to the sum of $4,000 which they have received, or may now have a right to receive, and 2. out of the whole balance of the subsidy granted to them for any other portion of their road which they may hereafter complete, — another sum of such an amount, and in such a manner, that Proviso. this advance being made, there shall remain to be paid not less than $2,000 per mile upon the portion of the road to be hereafter completed, and that, in any case, no more than $6,000 per mile shall be advanced. 2. The Lieutenant-Governor in Council may require that The empioy- the sum of $1,000 per mile, advanced to the companies men- ad"an°e q"}® tioned in the preceding section, on the completed portions of $i,ooo may their lines, be used to perfect such portions of line, and to pay {'*; regulated, whatever they may owe for the right of way, labor and rolling nant-'oover- stock. nor. 3. The Lieutenant-Governor in Council may increase to Add, subsidy $4,000 per mile, the subsidy already granted to the following feSn'^ilu- railway companies : way co's. 1. The Montreal, Portland and Boston Railway, upon a length M. P. and B. not exceeding fifty -six miles, from the River St. Lawrence, ^'^i'^")'- at the town of Longueuil, to the frontier line of the Province, via, Chambly, West Farnham and Frelighsburg, provided that Conditions. the company shall come to an agreement with the Government, that freight and passengers may pass over their line at rates proportionate to those of the Quebec, Montreal, Ottawa and Occidental Railway ; 2. The Waterloo and Magog Railway, upon a length not w. and exceeding forty-three miles ; ' Magog E. 3. The Laurentian Railway, upon a length not exceeding Lanrentian fifteen miles. '*■ ^' 4. If any railway company now subsidized gives up its Case in which charter, or if the charter of any such company lapse between certai^n'com- the present time and the 81st of December, 1877, it shall be. panies may lawful for the Lieutenant-Governor in Council to apportion the ^^ divided amount of the subsidy to which such railway company was ofher oompa- entitled, over the uncompleted parts of the roads of the four "'es. companies following, that is to say : The Levis and Kennebec, forty-five miles ; The Quebec Central, fifty-two miles ; §26 AID TO CERTAIN RAILWAY COMPANIES. The St. Francis and Megantic International, fifty-three miles ; The South-Eastern, forty miles from Acton to Sutton junction ; -ProTiso. Provided that the amount of the subsidy so apportioned does not exceed $1,500 per mile, for the total length to be completed as aforesaid, and that the subsidy so apportioned, added to that already acquired by each of such companies, does not in any case exceed a sum of more than $6,000 for each mile of road so to be completed. ■''Repayment 5. The Quebec and Lake St. John Railway Company shall due by the 'lot be obliged, upon the first section of its road, to repay the sum Qnebecand of $48,171.20, received by it for the construction of a wooden R*lf^' ''''^" railroad, but such repayment shall be made only upon the second section of such road, and the said company shall furnish -Security. security that it will repay such sum at the end of four years from the first day of January, 1877, if in the interval it has not made the said second section of its road. Delay'in favor of Mis- gisquoi and Black Riyers V. R. R. 6. The Missisquoi and Black Rivers Valley Railway Com- pany shall continue to have a right to the subsidy at present granted to it, until the first of December, 1877, provided that, at the said d9,te, the said company shall have made and com- pleted at least ten miles of continuous and uninterrupted road with iron or steel rails. 39 v., c. 3, »ec. 1, amen- ded. 39 v., c. .% t'*. The first section of the act of this Province, 39 Vict, chap. 3, is amended : 1. By striking out the words : " at the rate of five per centum per annum," and substituting therefor the following words: " at a rate not exceeding six per centum per annum ; " 2. By adding to such section the following words : " and the Lieutenant-Governor in Council may fix the place where such interest shall be paid." . Section 2 of the same act is repealed, and the following g. 2,repUced substituted therefor: Return and " 2. Any payment heretofore made, or which may hereafter Mb^id*^^'"'^ °'' be' made by this Province on any subsidy accorded to any rail- *" ^' ^' way company by any act of this Legislature, still in force, may bo returned to the Provincial Treasurer, and thereafter con- verted into a like guarantee for the part or portion of such subsidy returned, and from such date or dates as the directors of the company returning such subsidy may request." Manner of paying snb- •idy. 9. The subsidy granted by the present act shall be payable in the same manner as that granted by the " Railway Subsidy Act of 1876." s ^ J' J Mb-contra«i ^^ '^^^ Commissioners of the Quebec, Montreal, Ottawa and Occidental Railway may guarantee the payment of the amounts AID TO CERTAIN RAILWAY COMPANIES. 327 of me sub-contracts made by Duncan Macdonald, the contfactor of D. Macdo- f or the Western portion of the said road, provided that such °fi' ^L?"' contracts are approved oi by them. 11. The said commissioners are authorized to take from the Sums to be ■sum intended to meet the contingent expenses of the road, the *tete Q°M°o" ;sum necessary to complete the said railway. ^ 0. R.' R.' 13. The present act shall come into force on the day of the Act in force. ;sanction thereof. 41 VICTORIA, CHAPTER 2. (Quebec.) -An act to further amend the law respecting sub- sidies in money made to certain railway com- panies. [Assented to 9th March, 1878.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the following acts, which ■are printed below, viz : .^.-4^ V., c. 3, and ^5 V., c. 23. 1. The Lieutenant-Governor in Council may allow to the Advance of ■following companies, viz : fahfco's.'^aul The Levis and Kennebec Railway Company, i thorized. The Quebec Central Railway Company, and The St. Francis and Megantic International Railway, From and out of the balance of their subsidy, an advance of •one thousand dollars for each mile of road which shall be com- pleted by them thereafter ; provided that there remains there- Restriction, after one thousand dollars for each mile of the unconstructed portion of their roads. 2. No advance, under the provisions of the present act, shall Other res- be made to the companies mentioned in the preceding section, '^"^''^°"- for that portion of their roads on which they have an advance ■of two thousand dollars per mile, under the provisions of the act 40 Vict., chap. 3. 3. The Lieutenant-Governor in Council, as soon as the Advance to Missisquoi and Black' Rivers Valley Railway Company shall * ^j ^l^' have put the partially completed portion of their road in good Black Rivers -working order, and that to his satisfaction, may advance to \^l%^^l. ihem, on account of their subsidy, a sum of $1,500 for each ny, authoriz- mile of road thus completed, in addition to the sum of $2,500 ^^• for each mile which they now are entitled to receive and have already in part received, and, out of the whole balance of the subsidy granted to them for any other portion of .their road 328 DEBENTURES FOR RAILWAY StTBSIDIES. Restriction. which they may hereafber complete, another sum of such aa» amount, and in such manner, that this advance being made,, there shall remain to be paid not less than $1,000 per mile upon that portion of the road to be hereafter completed ; and pro- vided that in any case no more than $4,000 shall be paid for- any mile of such completed road. Act in force. 4. This act shall come into force the day of its sanction. 43-44 VICTORIA, CHAPTER 45. (Quebec.) An act authorizing the issue of provincial deben- tures for the payment of the subsidies granted to railway companies, and for completing the Quebec, Montreal, Ottawa and Occidental Rail- way, and for other purposes. [Assented to 30th June, 1880.] Preamble. Loan of£800,- OOOstg.bythe ProT. Treaii. may be au- thorized by Lieut. GoYer- Porm of de- bentures. Power to sub- stitute issue of debentures for £878,600 stg. WHEREAS it is necessary and expedient to provide, for the- payment of the balance of the subsidies granted by the Legislature of Quebec to certain railway companies, and for the completion of the Quebec, Montreal, Ottawa and Occidental Railway, and for reimbursing the Consolidated Revenue Fund of" the Province for moneys heretofore advanced therefrom for- railway purposes ; Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The Lieutenant-Governor in Council may authorize the- Provincial Treasurer to contract a loan of eight hundred thou- sand pounds sterling, and for that purpose to issue, sell, nego- tiate and deliver bonds or debentures of this Province for a like amount ; which bonds or debentures shall be payable in thirty years from the date of the issue thereof, and shall bear ■ interest at a rate not exceeding live per centum per annum, with a sinking fund of one per centum per annum, for the re- demption of such bonds ; and such bonds or debentures shall be issued in the form and according to the mode and conditions,, and in such currency, and payable in the place or places which,, in the interest of the Province, the Lieutenant-Governor in Council shall deem expedient to prescribe. 2. It shall be lawful for the Lieutenant-Governor in Council to authorize and empower the said Treasurer, in lieu of such issue of bonds as aforesaid, to substitute an issue of bonds of this Province, for the sum of eight hundred and seventy -eight thousand six hundred pounds sterling ; which said substituted bonds shall bear interest at the rate of four and one-half per centum per annum, and shall be redeemed, in principal and in- SUBSIDIES IN MONEY TO CERTAIN RAILWAYS. 329 terest, by means of an annuity during thirty-nine years of forty-eight thousand pounds sterling, payable semi-annually ; and such annuity shall be a charge upon the Consolidated Rev- enue Fund of this Province, in accordance with the provisions of the Treasury Department Act, as amended by the act, 40 Vict., chap. 5. S. The amounts raised by such loan and issue of bonds or Employment debentures shall be employed in the payment of the balance ^^^o^g^^ ^"^ due to any railway company, upon any subsidy granted by the Legislature, for the completion of the Quebec, Montreal, Ottawa and Occidental Railway, and for reimbursing the Consolidated Revenue Fund of the Province, for moneys heretofore paid therefrom for railway purposes. 4. This act shall come into force on the day of its sanction. Act in force. 44-45 VICTORIA, CHAPTER 3. (Quebec.) An act to amend the acts respecting subsidies in money to certain railways. [Assented to SOth June, 1881.] WHEREAS, by an act passed during the present session, the Preamble. franchise of the Levis and Kennebec Railway Company has been transferred to the Quebec Central Railway Company, and power given to the latter company, under certain condi- tions, to change the proposed route of the Levis and Kennebec Railway, and it has thereby become necessary and advisable to confirm to the said Quebec Central Railway Company all rights and privileges, in regard to subsidies to which the Levis and Kennebec Railway Company was entitled ; Therefore, Her Ma- jesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. All aid, in the form of subsidy, to which the Levis and Subsidy, Kennebec Railway Company was entitled from this Province, ^cfs^oTevfs" under the several aid acts, 32 Victoria, chapter 52 ; 37 Victoria, and Ken- chapter 2 ; 38 Victoria, chapter 2 ; 40 Victoria,, chapter 3 ; and nebec Eail- 41 Victoria, chapter 2 ; is hereby transferred, renewed and con- "^jf rented firmed to the Quebec Central Railway Company, upon the terms aad confirm- and conditions mentioned in the said acts, for the uncompleted clntr^rRail- portions of the line of the said Levis and Kennebec Railway, way Com- including the portion of the said railway, the building of which pany. is authorized by section 2 of the act of the present session, intituled : "An act to amend the charter of the Quebec Central Railway Company." Provided that, in constructing that part of Proviso, as to the line of the said railway as authorized by section 2 of the a«iount. said act of the present session, the said Quebec Central Railway 1330 AID TO CERTAIN EAILWAY COMPANIES. Payment of subsidy. Company ishall n6t be entitled to a latger Subsidy than was granted to' the said Levis and Kennebec Railway Company, to construct the extetision o£ their line from its present terminus in the parish of Notre-Dame de Levis to a point at the wharves, at de6p Water, in Lauzon ward, in the tOWn of Levis. 2. The said subsidy shall be paid, as aforesaid, to the said Quebec Central Railway Company, upon the latter constnicting the said uncompleted portion of the line of the said Levis arid Kennebec Railway (including the portion to deep water as aforesaid), and as the work progresses on the line of the said route. Eights and 3. The transfer of the subsidy hereby authorized shall iiot limlted^*^ be held or construed to confer upon the said Quebec Central Railway Company, any further rights or privileges than those conferred upon them by the said act of the present session, intituled : "An act to amend "the" charter of the Quebec Central Railway," nor shall it affect the rights of the creditors of the Levis and Kennebec Railway Cotnpany. Act in force. 4. This act shall come into force on the day of its sanction. Subsidies granted to •certain rail- ways. 'Eoad from ■Quebec to XakeSt.John. Application 45 VICTORIA, CHAPTER 23. (Quebec.) An act to grant subsidies for the construction of certain railways. [Assented to llth May, 1882.] TTER MAJESTY, by and with the advice and consent of the -'--^ Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the acts 49-50 V., cc. 76 and 77, aTid 51-5-2 V., c. 91, which are 'printed below. Paragraphs g,j, k and p o/s. 1 as well as section £ are replaced by the act 4-9-50 V., c. 77 ; parage aph o of section 1 is repealed by 51-62 v., c. 91, s. 10, hut the whole are printed as references. , 1. The Lieutenant-Governor in Council is authorized to grant the following subsidies in aid of the construction of the rail- ways hereinafter designated : (a) The sum of one thousand dollars per mile, in addition to the subsidy already granted by the Legislature and a quantity of jfive thousand acres of land per mile, provided that the total number of miles does not exceed one hundred and seventy miles, for a railway, starting from the Quebec, Montreal, Ottawa and Occidental Railway, four miles from Quebec and going to Lake St. John ; , The subsidy of four thousand dollars, granted by previous AID TO CERTAIN RAILWAY COMPANIES. 331 •acts, to be allowed for the whole length of such road, to wit : of former sub- for one hundred and seventy miles ; ^"^y- (b) A quantity of ten thousand acres of land per mile, for a Road from railway, starting from the Metapedia station, in the county of gt^^«on'\'o Bonaventure, on the Intercolonial Railway, as far as Gaspe Gaspe Basin. Basin, passing by the port of Paspebiac, in the county of Bona- venture, on the Bay des Chaleurs, provided the length of such road does not exceed one hundred and eighty miles ; (c) A quantity of ten thousand acres of land per mile, for a Boad from railway, starting from any point between Riviere Quelle and NewBruns-*° Fraserville, or in the vicinity of either of these places, to a wick. point on the frontier of New Brunswick, in the direction of Edmonton, in New Brunswick, provided the length of such road ■does not exceed sixty -six miles ; (d) A quantity of eight thousand acres of land per mile, for Road from •a railway, starting from the north end of the Piles Railway and to Lake E™- ^ing northwards, to a point of intersection with the Lake St. ward. John Railway, towards the southern extremity of Lake Edward, provided the length of such road does not exceed sixty miles. (e) A quantity of six thousand acres of land per mile, for a Road from railway, starting from Hull station, in the county of Ottawa, ^^L^D^gert upon the Canadian Pacific Railway, as far as Le Desert village, village. in the county of Ottawa, provided the length of such road does not exceed seventy-five miles ; (/) A quantity of four thousand acres of land per mile, for a ^"^A^"""^ railway, starting from a point between Buckingham and Rock- to^Ayhvin^™ land, on the Canadian Pacific Railway, as far as the village of Aylwin, in the county of Ottawa, provided the length of such road does not exceed fifty-two miles ; (g) A quantity of four thousand acres of land per mile, for a Road from railway, starting from the village of Lachute, at a point of s^^'^^n^'rews. junction with the Canadian Pacific Railway, as far as the vil- lage of St. Andrews, in the county of Argenteuil, provided the , total length of such road does not exceed seven miles ; {h) A quantity of four thousand acres of land per mile, for a Eoad from St. railway, starting from the village of St. J6r6me, at a point of Agathe and^" junction with the branch of the Canadian Pacific Railway, as New Glas- ■far as the village of Ste. Agathe to the north, and as far as or near s°"^- the village of New Glasgow, in the county of Terrebonne, pro- vided the length of such road does not exceed forty-five miles ; (i) A quantity of four thousand acres of land per mile, for a Eoad from railway, starting from a point upon a branch of the Canadian ^igj. Branch Pacific Railway, as far as a point in the township of Went- to Went- worth, provided the length of such road does not exceed twenty- ^°''"^- one miles ; 332 AID TO CERTAIN RAILWAY COMPANIES. Road from St. Lin to Ste. Julienne. Road from St. Folix de Valois to St. Gabriel de Brandon. (j) A quantity of four thousand acres of land per mile, for a railway, starting from the village of St. Lin, in the county of I'Assomption, at a point of junction with the branch of the Canadian Pacific Railway, as far as the village of Ste. Julienne, in the county of Montcalm, provided the length of such road does not exceed twenty miles ; (k) A quantity of four thousand acres of land per mile, for a railway, starting from the village of St. F^lix de Valois, at a point of junction with the branch of the Quebec, Montreal, Ottawa and Occidental, as far as the village of St. Gabriel de Brandon, in the countj'^ of Berthier, provided the length of such road does not exceed ten miles ; Road from Louiseville station to the RiTer Mattawiu . Road from Quebec to JIalbaie. Road from Leeds to Que- bec Central Railway. Road to join Boston, Con- cord and Montreal Railway. Road from Bpiphanie station to Assomption village. Additional grant to Mis- sisquoi Val- ley Riilway on certain conditions. (l) A quantity of four thousand acres of land per mile, for a railway, starting from the Louiseville station, upon the North Shore Railway, passing by the village of Hunterstown, as far as a point on the River Mattawin, near the township of Bras- sard, in the county of Maskinonge, provided the length of such road does not exceed sixty miles ; (m) A quantity of four thousand acres of land per mile, for a railway, starting from a point on the bs^nk of the River St. Charles, in the city of Quebec, as far as the village of Malbaie, in the county of Charlevoix, provided the length of such road does not exceed ninety miles ; (n) A quantity of four thousand acres of land per mile, for a railway, starting from a point in the township of Leeds, in the county of Megantic, as far as a point upon the Quebec Central Railway or the Grand Trunk Railway, provided the length of such road does not exceed twenty miles ; (o) A quantity of four thousand acres of land per mile, for a railway, starting from a point on the frontier of the Province of Quebec, to effect a junction with the Boston, Concord and Montreal Railway, to a point ten miles from Hall's Stream, pro- vided the length of such road does not exceed thirty miles ; (p) A quantity of three thousand acres of land per mile, for a railway, starting from the station at I'Epiphanie or TAssomp- tion, on the Quebec, Montreal, Ottawa and Occidental Railway, to the village of T Assomption, provided the length of such road does not exceed three miles and a-half ; (q) If, at any time within a period of two years from the passing of this act, the Missisquoi Valley Railway Company shall have completed, to the satisfaction of the Lieutenant- Governor in Council, that portion of their railway which enti- tles them to a subsidy of four thousand dollars per mile, under the provisions of the act of this Province, 41 Victoria, chapter 2, section 3, the company will be entitled to receive such further sum as will ensure them a subsidy of four thousand dollars per mile for the then uncompleted portion of their railway ; AID TO CERTAIN RAILWAY COMPANIES. 333 (r) A quantity of eight thousand acres o£ land per mile, for Road from a railway, starting from a point on the main line of the Mon- st'"'p7ui^* *° treal, Portland and Boston Railway, at or near the village of d'Abbotts- Marieville, and running as far as a point on the Lake Cham- ^°'^^- plain and St. Lawrence Junction Eailway, in the parish of St. Paul d'Abbottsford, in the county of Rouville, provided the length of such road does not exceed fifteen miles ; such grant being subject to the conditions which the Lieutenant-Governor in Council may establish. 2. The choice of the land, so to be given as subsidies, shall Lieut. -Gover- be left .entirely to the Lieutenant-Governor in Council, who cu tcTlmve"' shall, as much as possible, fix the same along each line or in the choice of vicinity thereof respectively, in alternate blocks of not more Jfo^^ig [,g than two square miles or four miles in superficies ; subject to the fixed, following conditions : Conditions. 1. Within the two years next after the passing of this act. Proof ra- the companies entitled to such subsidies shall furnish to the <5i°"'ed from Lieutenant-Governor in Council proof of the resources at their applying fo"" command for the construction of their respective roads, and subsidy. upon such proof shall apply for the subsidy 'hereby granted ; and at the expiration of the said two years, if such proof has Effect of not not been made to the satisfaction of the Lieutenant-Governor su™proof in Council, such subsidy shall be null and void and cease to be within twg authorized by-law. years. 2. If, within such delay of two years after the passing of Lieutenant- this act, the Lieutenant-Governor in Council deems it advisable Governor in to determine the alternate blocks to be granted to each com- amount or pany respectively, the Lieutenant-Governor in Council shall, work to be at the same time, establish the quantity of work which each grantsXave company shall perform within the six months following the been located, expiration of the two years above-mentioned ; and in default Effect of de- o£ such work being performed, the Lieutenant-Governor may, fault to per- upon a report of the Commissioner of Railways, cancel, by proc- requieed. lamation in the Quebec Official Gazette, the order in council specifying the blocks of land for such company so in default, and in such case such subsidy shall also be null and void and cease to be authorized by law. 3. The establishing of these alternate blocks shall not de- Rights of prive the holders of limits under licenses of their rights ac- fi^ft"'p°J. quired from the Government, and the holders thereof shall be served and entitled, subject to all existing conditions, to the renewal of the renewal their licenses on such lands, until the railway companies have provMed ^for. completed the construction of their roads, and until they have established on such lands so conceded bond fide settlers, who shall clear the same in the manner required by the regulations of the Crown Lands Department. 4. The Government shall not sell, for less ihan one dollar an Price of sale acre, the lands adjoining the blocks so conceded and" delivered •'oi^tng'rait to the railways. way lauds. 334 AID TO CERTAIN RAILWAY COMPANIES. Provision if 5. In case there should be mmmff lands amongst such lands lands ar- . . . ._ ^ „ , „ . mining 1 lands are ^^^ go reserved for the railway companies, it shall be lawful for the companies to retain such lots, by paying to the Government a. sum of two dollars an acre for such extent of land as the Commissionner of Crown Lands shall declare to be of a mining nature, or to proportionately diminish the grant to which they are entitled, calculating the value of the lands at one dollar an acre ; but this option shall be allowed, only in sa far as the other conditions imposed upon the companies shall have been fulfilled and as the latter shall have furnished proof that they are in a position to complete their undertaking. Limit of va- 6. The Lieutenant-Governor in Council may establish the in^money at V^^^ ^^^ regulate the quantity of acres of land so conceded tlie time they per mile of railway, in such manner that this land subsidy shall are granted jiq(; represent, at the date of the ^rant, more than the sum of : to each rail- '■ o ' ^^^' 1. Ten thousand dollars per mile for the road from Metapedia to Gaspe Basin ; 2. Ten thousand dollars per mile for the railway from Riviere- du-Loup (en has) to the frontier of New Brunswick ; 3. Eight thousand dollars per mile for the road from the terminus at the Piles to Lake Edward ; 4. Six thousand dollars per mile for the road from the station at Hull to Le Desert ; 5. Five thousand dollars per mile for the road from a point- of intersection on the North Shore Railway, in the county of' Quebec, to Lake St. John ; 6. Four thousand dollars per mile for the roads : (a) From a point of intersection between Buckingham and Rockland to Aylwin ; (b) From Lachute to St. Andrews ; (c) From St. J6r6me to Ste. Aga,the and New Glasgow ; (d) From a point on the Canadian Pacific branch to Went- worth ; (e) From St. Lin to Ste. Julienne ; (/) From St. Felix de Valois to St. Gabriel de Brandon ; (g) From Louiseville to the Mattawin ; (A,) From the River St. Charles, opposite Quebec, to Murray Bay ; (i) From a point in the township of Leeds to the Quebec Central Railway or to the Grand Trunk Railway ; AID TQ. CERTAIN. RAILWAY COMPANIES. 335' (j) From a point of junction on the frontier with the Boston, ConesMcd and Montreal Railway to ten miles from Hall's Stream ; (/c) From MarievUle to St. Paul d'Abbottsford ; 7. Three thousand dollars per mile for a road starting from a point between the stations of I'Assomption and I'Epiphanie to I'Assomption ; Provided, always, that the minimum of such valuation for Proviso as to- each of such conceded lands shall be one dollar per acre. "a"™"™ 7. This act shall come into force on the day of its sanction, ^ot in force. 46 VICTORIA, CHAPTER 85. (Quebec.) An act to amend the law respecting subsidies in money to certain railways. [Assented to SQth March, 1883.] "O ER MAJESTY, by and with the advice and consent o^ the -'-'- Legislature of Quebec, enacts as follows : 1. Subsection 1 of section 3 of the act 40 Victoria, chapter 3, 40 Vic, o. 3,. is amended by striking out, in the second line thereof, the amended. words : " fifty six," and replacing them by the words : " fifty- eight." 47 VICTORIA, CHAPTER 70. (Quebec.) An act respecting railway subsidies and the guar- antee of interest by the Province of Quebec. [Assented to 10th June, 1884.] TJrER, MAJESTY, by and with the advice and consent of the -'-'- ■ Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the act 49-50 V., c. 77, which is printed below. 1. , Any railway company which is entitled to a subsidy from Railway this Province may, in addition to the conversion of subsidy into may deposit a guarantee by tlieProvince of the interest upon its bonds under sums of the act 39 Victoria, chapter 3, section 1, and to the return of Government ■ the subsidy paid to it and its conversion also into a guarantee so as to secure- under the act 40 Victoria, chapter 3, section 8, deposit with the ^„°a7ant"e on Government of this Province any further sujn of money for the their bonds. 336 APPLICATION OF DOMINION RAILWAY GRANT. purpose of procuring an additional guarantee of interest by the Government, and upon such deposit the Government may grant such guarantee for such term of years and for such amount per mile of the bonds or debentures issued by the company as such additional deposit, together with the subsidy above mentioned will warrant. Rate of 2. The interest to be allowed by the Government, as wel, ^"^^'■^sttobe upon the deposits made under this act as upon the amounts of Governmeat. ^^7 subsidy, whenever converted into a guarantee under the acts mentioned in the preceding section, shall in no case exceed the rate allowed by the banks on the amounts deposited with them by the Government to cover such subsidy. Advance to Quebec and Lake St. John Railway Company nw may be made out of sub- sidies granted to company. How deben- tures to be given to company when interest guaranteed by Province. Costs, &c., of signing, &c., deben- tures, by whom to be paid. Coming into force. 3. Out of any moneys appropriated by the Legislature o this Province to the Quebec and Lake St. John Railway Com- pany, the Lieutenant-Governor in Council may make such advances, from time to time, as he may deem proper, not, how- ever, exceeding fifty per cent over the grant made per mile to the said company for a distance not exceeding thirty miles from Lake Cimon northwardly, in such manner and with such secur- ity and under such conditions as the Lieutenant-Governor in Council may deem proper, so as to secure the completion of the said railway at as early a period as possible. In case of the guarantee of interest by the Province given upon any debentures issued by any company, the same shall not be handed over to the company any faster than the subsidy would be payable under the acts in force. All costs incurred in signing such debentures and taking care of the same and payment of rates of exchange shall be paid by the company to the Government on the certificate of the Provincial Treasurer. 4. This act shall come into force on the day of its sanction] Sum appro- priated to 49-50 VICTORIA, CHAPTER 2. (Quebec.) An act appropriating, to the payment of the con- solidated debt of the Province, the grant made by the Government of the Dominion of Canada to the Government of the Province of Quebec, under the Federal Act 47 Victoria, chapter 8. [Assented to 21st June, 1886.] TTER MAJESTY, by and with the advice and consent of the -•--*- Legislature of Quebec, enacts as follows : 1. The sum of two million, three hundred and ninety-four thousand dollars, granted by the Government of the Dominion AID TO CERTAIN RAILWAY COMPANIES. 337 of Canada to the Government of the Province of Quebec, in payment of consideration of its having constructed the railway from Quebec a°^rof^rro? to Ottawa, known as the Quebec, Montreal, Ottawa and Occi- vince. 'dental Railway, shall be appropriated to the payment of the ■consolidated debt of the Province, whenever the Dominion when to be Parliament shall authorize the capitalized sum to be paid. so appro- '■ -^ pnated. 2. Such sum shall be paid into the funds created for the Sum to be redemption of the loan effected under the provisions of the act tain fund."*'^' 37 Victoria, chapter 2, and shall be applied to the payment of so much of the loan made in virtue of that act, and shall form part of the sinking fund created for the redemption of that loan. 3. The interest arising from such sum shall be applied to the Application payment of the interest upon the loan above mentioned. thereon^^ 4. The Provincial Treasurer is prohibited from employing. No part of even temporarily, any part of the said sum, or of the interest t,^ othemise to be derived therefrom, for any other purpose than that above employed, enacted. 5. An account shall be rendered to Her Majesty of the regular Account to be investment and employment of the said sum, as well of the g^^ Majesty, interest thereon. 6. This act shall come into force on the day of its sanction. Coming into force. 49-50 VICTORIA, CHAPTER 76. (Quebec.) An act better to aid the construction of railways. [Assented to 21st June, 1886.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is affected by the act 51-53 V., c. 91, which is printed below. 1. It shall be lawful for the Lieutenant-Governor in Council Land subsidy to convert, in whole or in part, any subsidy in land, to_ which "rted^Tntoa. any company may be entitled in virtue of the act 45 Victoria, money sub- chapter 23, or of any act passed during the present session of sidy. the Legislature, into a money subsidy, by paying a sum not exceeding thirty -five cents per acre at the time the said subsidy becomes due, and another sum not exceeding thirty-five cents per acre when the lands allotted to the said company shall have been sold and paid for, pursuant to the rules and regulations •of the Department of Crown Lands, and subject to such condi- 22 3S8 AID TO CERTAIN RAILWAY COMPANIES. tions, to secure the construction of the road to which the said" subsidy shall apply, as the Lieutenant-Governor in Council Proviso as to may think proper to establish, provided that the companies- option\y "° entitled to any land subsidy shall declare their option, within companies, the delay of two years after the passing of this act, in favor of the said conversion of the said subsidy, by a resolution of their board of directors duly communicated to the Government through the Commissioner of Agriculture and Public Works. Act not to apply to com- panies not de- claring op- tion within certain time. 2. In the event of any of the said railway companies neglect- ing to exercise the option conferred upon it, in the manner and within the delay prescribed in this act, then and in such case,, the provisions of this act shall in no respect apply to such rail- way company. Reversion of 3. From the date of the said declaration of option by any dOTnai'n^afte? company, and the adoption of the order in council mentioned such conver- in section one of this act, any land which may have been sion. destined for any such company and for which the conversion has been authorized, shall revert and be reunited to the Grown domain as fully and effectually as if no grant in land had ever been made. Conditions of 4. The subsidy in land granted by the said act 45 Victoria, subsidy : chapter 23, or any subsidy in money or part in money and part in land, which may be substituted therefor by this act, will be payable to the company entitled thereto in the following- manner : As to pay- ment. 1. No such subsidy shall become due or payable for any part of the road less than ten continuous and uninterrupted miles- completed. 2. The company interested shall give notice to the Com- missioner of Agriculture and Public Works of the fact that such portion of its road is ready for inspection by the Govern- ment engineer, and request such inspection and report. 3. Such company shall further comply with all provisions of law touching such inspection and report and the cost thereof.. 5. The subsidies granted in virtue of the said act 45 Victoria,, chapter 23, as well as of this act or of any other act passed during this session, 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 Lieutenant-Governor in Council may determine. Railway com- 6. Every railway company to which a subsidy is granted in Fng BubsWy*' ^^^^^ ^^ *^is act, of any other act passed during this session, or of to come under the act 45 Victoria, chapter 23, and which accepts the same, ^3°4iv"'^43 ^^^^^ ^® thereby deemed to submit itself to the provisions of "^ ■ ''^' ' the Quebec Consolidated Railway Act, 1880, and thereupon the- Inspection. Further con- ditions. Subsidies subject to cer- tain condi- tions as to running powers, &c. AID TO CERTAIN RAILWAY COMPANIES. SSS"' laeutenant-Covernor in Council, the railway committee, and the Commissioner of Agriculture and Public Works shall have and exercise over such railway the control and authority which may be exercised by them or either of them, pursuant to the provisions of the said Quebec Consolidated Railway Act, 1880. 7. This act shall come into force on the day of its sanction. Ooming inta • force. 49-50 VICTORIA, CHAPTER 77. (Quebec.) An act to make further provision respecting sub- sidies to railways. [Assented to 21st June, 1886.] HER MAJESTY, by and with the advice and consent of the Legislature of Qtiebec, enacts as follows : Note. — This chapter is affected by the act 51-62 V., c. 9i, which is printed below. 1. Section 3 of the act 47 Victoria, chapter 70, is amended n v., c. to,. by substituting the word " forty " for the word " thirty " in the s-^.- araende(f. . seventh line thereof. 2. Section 2 of the act 45 Victoria, chapter 28, shall be re- 45 v., c. 23, placed by the following : s- ^ . replace* "2. The choice of the land so to be given as subsidy shall be Choice 'of left entirely to the Lieutenant-Governor in Council, who shall, ^^b Lieute- as much as possible, fix the same along each line, or in the nant-GoTer- vicinity thereof, respectively, in alternate blocks, of not more '^°'' than two miles square or four miles in superficies, at the time and in the manner hereinafter mentioned. No company shall however be entitled to any subsidy unless Pi-ovisione te - the following provisions shall be complied with : '^s, complied ° '^ ^ with to ob- 1. Within two years next after the passing of this act, the '"'" subsidy,.. companies incorporated for the purpose of constructing the roarls mentioned in section 1 of this act shall furnish to the Lieutenant-Governor in Council proof of the resources at their command for the construction of their respective roads, and, upon such proof, shall apply for the subsidy hereby granted ; and at the expiration of the said two years, if such proof has not been made to the satisfaction of the Lieutenant-Governor in Council, such subsidy shall be null and void, and cease to be authorized by law. 2. At the expiration of the said last two years, and within a delay of four years from the said date, it shall be lawful for the Lieutenant-Governor in Council, at the request of any such company, to determine, upon the report of the Commissio.'ier of 340 AID TO CERTAIN RAILWAY COMPANIES. Crown Lands, the said alternate blocks to which any company may thereafter become entitled, pursuant to the provisions thereof, and the Lieutenant-Governor in Council, or Commissioner of Railways, or Commissioner of Agriculture and Public Works, at the same time, or at any other time, within the said delay, before or after the fixing of the said alternate blocks, shall determine or establish the quantity of work which each com- pany shall perform, and the conditions which it shall fulfill, as well as the delay for the performance of the said work and the fulfilment of the said conditions ; and in default of such work being performed or such conditions fulfilled, and this default being established by an inspection and report of any engineer employed by the Government, the company so in default shall vpso facto forfeit any right it may have to such subsidy, and thereupon it shall be lawful for the Lieutenant-Governor in Council to substitute, in lieu of the said company, any other company duly incorporated for the purpose of constructing the same road, provided that such company shall fulfill the condi- tions mentioned in subsection 1 of this section, and perform the quantity of work, and fulfill the other conditions, which the Lieutenant-Governor in Council shall determine as men- tioned in this subsection, and provided also that this substitu- tion and performance of the said conditions shall take place within the three years following the delay mentioned in sub- section 1 of this section." Costs of in- spection and payment thereof. Grant to Mon- treal and Western Railwaj- Company. Conditions. Proviso. Grant to railway from YamasKa village to Douoet's Landing. Conditions. 3. The costs of every inspection and report, required previous to the receipt of any subsidy by any railway company, shall be defrayed by the railway company interested, and it shall be lawful for the Provincial Treasurer to retain the same out of the said subsidy, if not otherwise paid by the company at the time of the inspection. 4. It shall be lawful for the Lieutenant-Governor in Council to grant to the Montreal and Western Railway Company a sub- sidy of fifteen hundred dollars per mile for a distance of twelve miles for that part of the road which the said company is authorized to build from Ste. Adele to Ste. Agathe, in the county of Terrebonne, subject to such conditions as the Lieu- tenant-Governor in Council may be pleased to determine or to impose upon the company, provided that such subsidy shall not in any case be paid to the company before the completion of the said twelve miles, and provided also that such part of the projected road of the company be thus completed within two years and a-half from the date of the passing of this act. 5. It shall be lawful for the Lieutenant-Governor in Council to grant a subsidy of four thousand dollars per mile to aid in the construction of a railway from some point at or near the village of Yamaska, county of Yamaska, to a point at or near theplace called Doucet's Landing, in the county of Nicolet, for a distance not exceeding thirty -one miles, subject to such con- ditions as the Lieutenant-Governor in Council may be pleased AID TO CERTAIN RAILWAY COMPANIES. 341 to determine, provided that such subsidy shall not in any case be paid to the company for any part of the road less than ten miles at any one time until the final completion of such road, save and except for the first seven miles from the vil- lage of Ya-maska to the River St. Francis, for which the subsidy may be paid when the work thereon is completed ; and provided Proviso, also that the said road be thus completed within three years from the date of the passing of this act. It is hereby declared that this subsidy is to stand in lieu of Grant e- the greater part of the balance of the subsidy mentioned in the P'^de Vy 37 act 37 Victoria, chapter 2, section 1, in favor of a railway v., c. 2,s. l, therein named Philipsburg, Farnham and Yamaska Railway, ^^'^ ^8 v., c. and since known as the Lake Champlain and St. Lawrence ' ^' Junction Railway, and in the act 38 Victoria, chapter 2, section 1, in favor of the same railway. 6. The Lieutenant-Governor in Council is hereby authorized Grant in to grant the following subsidy in aid of the construction of the '^".'^^ *° „ •Y i_ • n. 1-1 railway trom .railway hereinafter mentioned : St. Andrews A quantity of four thousand acres of land per mile, for a *« Lachute. railway, starting from the parish of St. Andrews, in the county of Argenteuil, to a point on the Canadian Pacific Railway at or east of the village of Lachute, provided the total length of Proviso, such road does not exceed seven miles, and subject to such con- Conditions, ditions as the Lieutenant-Governor in Council may be pleased to determine, and provided also that the road be completed Proviso, within one year from the passing of this act. It is hereby declared that the subsidy mentioned in this sec- Grant re- tion shall stand in lieu of that granted in paragraph g of section places that 1 of the act 45 Victoria, chapter 23. v" c 23 s i § 2. ■ T. The Lieutenant-Governor in Council is hereby author- Grant in ized to grant the following subsidy in aid of the construction '^?,'^f *° „ „ 1. , 1 °., , • nj. ° J- ^'^ railway from 01 the railway heremaiter mentioned : St. Felix de A. quantity of four thousand acres of land per mile, for a Vaioi^toSt. railway, starting from the village of St. F61ix de Valois, at a B^raadon. ppiat of junction with the North Shore Railway, as far as the village of St. Gabriel de Brandon, in the county of Berthier, provided the length of such road does not exceed ten miles. Proviso. suljject to such conditions as the Lieutenant-Governor in Coun- Conditions. oil may be pleased to determine, and provided that such sub- Proviso. si^y shall become due only on the full completion of the road, and, that the same be thus completed within two years^ from the passing of this act. This subsidy shall stand in lieu of that granted by para- Grant repla^ graph A of section 1 of the act 45 Victoria, chapter 23. ^^^45 y ™g^ ^ 23, s. 1, § k. 8. The Lieutenant-Governor in Council is hereby authorized Grant in to g;pant,the, following subsidies, in aid of the coijstruction of ^^"'^^^''^ the railways hereinafter mentioned : 1. A quantity of four thousand-acres of land per mile, for a Railway from railway, from the village of New Glasgow, in the county of ^"^ Glasgow -342 AID TO CERTAIN RAILWAY COMPANIES. to Ste. Ju- lienne. Proviso. Railway from Upper I'As- .aemption to ,.cSt. Jacques -de I'Achigan. M^roviso. . "Conditions. Grant repla- - ces that made by,45 v., c. 23,3. 1, §,/. ■Grant in lands to rail- way from I'Epiphanie ancl I'As- -SOmption to village of I'Aasomp- tion. proviso. Conditions. 45 V., 1, §p. i;. 23,S, ■Order in -council may is9ue at any itime after .•satisfactory yroof made within de- -Tays. Further proof may be re- ■ quired in cer- tain cases. '■Order may thereafter "Ooming into tforce. Terrebonne, to the village of Ste. Julienne, in the county of Montcalm, provided the length of such road does not exceed thirteen miles, and 2. A quantity of four thousand acres of land per mile, for a railway, starting from a point at or near the Upper I'Assomp- tion (le haut de I'Assomption), in the county of I'Assomption, as far a^ the parish of St. Jacques de I'Achigan, in the county of Montcalm, provided that the length of such road does not exceed seven miles. The subsidies mentioned in this section shall be subject to such conditions as the Lieutenant-Governor in Council may deem proper to determine, provided however that no subsidy shall become due for either road until the full completion thereof, and provided also that the same be completed within three years from the date of the passing of this act. The said two last mentioned subsidies shall stand in lieu of that granted by paragraph j of section 1 of the act 45 Victoria, chapter 23. 9. The Lieutenant-Governor in Council is hereby authorized to grant the following subsidy in aid of the construction of the railway hereinafter mentioned : , A quantity of three thousand acres of land per mile, for a railway, starting from the station at I'Epiphanie or I'Assomp- tion, on the North Shore Railway, to the village of I'Assomp- tion, provided the length of such road does not exceed three miles and a-half, and subject to such conditions as the Lieute- nant-Governor in Council may be pleased to determine, and provided also that the road be completed within one year from the passing of this act. It is hereby declared that the subsidy mentioned in this section is to stand in lieti of that granted by paragraph p of section 1 of the act 45 Victoria, chapter 23. 10. In the event of any company having, within the delay prescribed in subsection 1 of section 2 of the act 45 Victo- ria, chapter 23, applied for any subsidy mentioned in the said act and furnish proof of its resources to construct its road, the order in council may issue at any time thereafter, if the Lieu- tenant-Governor is satisfied with the proof furnished ; and if, owing to tlie proof furnished being considered insufiicient, no order in council has been issued, the Lieutenant-Governor in Council may require any such company to furnish, to his satis- faction, additional proof of its resources within six months after the passing of this act, and thereupon the Lieutenant- Governor in Council may proceed as if the proof furnished had been in the first instance considered satisfactory. IB. This act shall come into force on the day of its sanctioni AID TO CERTAIN RAILWAY COMPANIES. 343 51-52 VICTORIA, CHAPTER 91. (Quebec.) An act respecting railway subsidies. [Assented to 12th July, 1888.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The Lieutenant-Governor in Council is authorized to grant Subsidy the following subsidies to the Quebec and Lake St. John Rail- ^^^eb'eo^and way Company : Lake St. John Railway (a) A quantity of ten thousand acres of land per mile, for a °™P*°y" •distance of fourteen miles, for that part of its road between Pointe-aux- Trembles and Roberval ; (b) After the above section between Pointe-aux-Trembles •and Roberval has been completed, a subsidy of five thousand -dollars and of five thousand acres of land per mile, for a branch road from Pointe-aux-Trembles to Metabetchouan, for a distance not exceeding fourteen miles ; (c) A subsidy of five thousand dollars per mile, for its road between St. Ambroise de la Jeune Lorette and the city of ■Quebec, for a distance of twelve miles, provided that the Govern- ;ment of the Dominion grants a similar subsidy to the said •company ; and (d) A quantity of ten thousand acres of land per mile, for a :railway between Metabetchouan and Chicoutimi, provided the length of such road does not exceed fifty-six miles. 2. It shall be lawful for the Lieutenant-Governor in Council Subsidy to to grant a subsidy of one hundred and ^f ty thousand dollars o^amplain'^'^ to the Montreal and Champlain Junction Railway Company, junction to complete and ballast the road, build stations and provide Railway ;rolling-stock ; which said sum shall be paid progressively, and ™^ °^" upon the favorable reports of the Government engineer. 3. It shall be lawful for the Lieutenant-Governor in Council Subsidies to grant the following subsidies in aid of the construction of ^'^^" ® ithe several railways hereinafter designated : (a) A subsidy of five thousand dollars and of five thousand To Beauhar- ■ acres of land per mile, to the Beauharnois Junction Railway RaTi^ay'''""' 'Company, for its line between Ste. Martine and St. Anicet, for Company ; •a distance not exceeding twenty miles in length ; and, further, .a sum of fifty thousand dollars to aid the said company in the construction of a bridge over the Chateauguay River, providied that the said bridge be built of iron (according to specifications iand plans previously approved by the Government engineer) ; 344 AID TO CERTAIN RAILWAY COMPANIES. Montreal and Lake Maski- nonge Rail- way ; To railway between St. Felix de Va- lois and St. Jean de Ha- tha. To Pontiac Pacific Junc- tion Railway Company. (6) A subsidy of five thousand dollars and five thousand! acres o£ land per mile, to the Montreal and Lake Maskinong^ Rail- way Company, for a railway between St. F61ix de Valois and St. Gabriel de Brandon, for a distance not exceeding thirteen miles, out of which land subsidy four thousand acres have already been panted for a distance of ten miles between the above two points, by the act 49-50 Victoria, chapter 77, section 7 ; the delay therein fixed for the completion of said ten miles- being hereby extended to the 21st June, 1889. (c) A quantity of four thousand acres of land per mile, for a- railway between St. Felix de Valois and St. Jean de Matha,, for a distance not exceeding eight miles. 4. It shall be lawful for the Lieutenant-Governor in Council to grant the following subsidies to the Pontiac Pacific Junction Railway Company ; (a) A subsidy of six thousand dollars per mile, for that portion of its road, not exceeding ten miles in length, beyond that already subsidized ; (6) The subsidy or bonus, per mile, which the company is now authorized to receive for its railviray between Hull and Aylmer, to assist the company in purchasing, from the Canadian. Pacific Railway Companj'', its branch line between Hull and Aylmer ; the whole upon such terms and conditions as the Lieutenant-Governor in Council may be pleased to fix. It shall be further lawful for the Lieutenant-Governor in Council to grant a full discharge of all claims and lien, on behalf of the Government of this Province, on or against the said railway between Hull and Aylmer. Subsidy to Montreal and Western Railway Company. 5. It shall be lawful for the Lieutenant-Governor in Council to grant to the Montreal and Western Railway Company an additional subsidy of one thousand dollars and of one thousand, acres of land per mile, for a distance of thirty miles of its road,, and to revive the cancelled subsidies granted to the said rail- way by the act 45 Victoria, chapter 23, section 1, paragraph h,. for the above distance ; and also a subsidy of five thousand' dollars and of five thousand acres of land per mile, for a further length of forty miles ; making the whole subsidy so increased,, to be five thousand dollars and five thousand acres of land per mile, for a total mileage of seventy miles, including the fifteen hundred dollars per mile, granted to the company for that part of its road between Ste. Ad^le and Ste. Agathe, for a distance of twelve miles, by the act 49-50 Victoria, chapter 77, section 4. to the^follow- *■ ^^ ^^^^^ ^^ lawful for the Lieutenant-Governor in Council ing railways : to grant -the following subsidies to the railways hereinaf tec- designated: AID TO CERTAIN RAILWAY COMPANIES. 345 (a) A subsidy of four thousand dollars per mile to the Great Great East- Eastern Railway Company, for a distance of eight miles of its ^™m^any *^ road, which said sum shall be applied to the construction of a bridge over the River Nicolet, at St. Gregoire ; (6) A subsidy of two thousand, five hundred dollars per mile, Montreal and to the Montreal and Sorel Railway Company, for a distance Sorel Rail- not exceeding forty-five miles, provided that such sum be pany. °™" applied : 1. To the payment of the sums which may be due for Application right of way on that section, to the laborers who worked in °^ ^"''^'^y- the construction of the road, and to the persons who supplied the material for its construction ; 2. To the purchase of rolling-stock, and completion of the idem. equipment of the road ; (c) A subsidy of four thousand acres of land per mile, to the Great North- Great Northern Railway Company, for its road between Ste. ^™ Railway Julienne and Montcalm, for a distance not exceeding seven miles ; (d) A subsidy of four thousand dollars per mile, to the Drummond Drummond County Railway Company, for a distance of thirty- ^.°"°q^^"'" nine miles from Drummondville to Nicolet, or Doucet's Landing ; pany. (e) A subsidy of ten thousand acres of land per mile, to the Three Rivers- Three Rivers and North- Western Railway Company, for a ^gg^°}j*' railway from the city of Three Rivers, running in a north- Railway westerly direction to St. Michel des Saints or the Mattawin Company. River, a distance not exceeding sixty-six miles ; * (/) A subsidy of five thousand acres of land per mile, to the United Coun- United Counties Railway Company, for a distance not exceeding compan^-^^ sixty miles ; (g) An additional subsidy of four thousand dollars per mile, Quebec, to the Quebec, Montmorency and Charlevoix Railway Company, an°d Chark-'^^ for a distance of thirty miles of its road, starting from the voix Railway- River St. Charles, near Quebec ; Company. 7. It shall be lawful for the Lieutenant-Governor in Council Additional to grant to the Ottawa and Gatineau Valley Railway Company otuwllnd a subsidy in cash of five thousand, one hundred and sixty-one Gatineau dollars per mile, for the sixty-two miles of its road subsidized to ^.*y*Jo^^_ the same amount by the Federal Government, in addition to pany.. the land subsidy granted to it by the act 45 Victoria, chapter 23, section 1, paragraph e. * This should be seventy miles in order to be in conformity with tbc French, original. Rail- S46 AID TO CERTAIN RAILWAY COMPANIES. Additional subsidy in lands to Temiscouata Railway Company. 8. The Lieutenant-Governor in Council is authorized to grant a further subsidy of ten thousand acres of land per mile, to the Temiscouata Railway Company, for a distance not exceeding three miles beyond the sixty -six miles already sub- sidized, to complete the railway as far as the frontier of New Brunswick. > Subsidy granted : In land to the Vaudreuil and Prescott Railway. In land to the Hereford Railway •Company. 9. It shall be lawful for the Lieutenant-Governor in Council to grant : A subsidy of ten thousand acres of land per mile, to that sec- tion of the Vaudreuil and Prescott Railway which is in the Province of Quebec, for a distance not exceeding thirty miles ; A subsidy of four thousand acres of land per mile, to the Hereford Railway Company, for a railway, starting from a junction with the Boston, Concord and Montreal Railway, or other railway on the frontier of the Province of Quebec, within ten miles of Hall's Stream, thence to a junction with the Inter- national Railway, in the township of Eaton, provided the length of such railway does not exceed thirty-five miles. -45 v., c. 23, 1, § 0, re^ pealed. lO. Paragraph o of section 1 of the act 4.5 Victoria, chapter 23, is hereby repealed ; the International Railway Company having, by an instrument in writing, passed in June last, trans- ferred to the Hereford Railway Company all its rights to the land subsidy granted by the said statute to the railway describ- ed in the said paragraph o. Subsidy in money to the Long Sault and Lake Te- miscamiugue Railway. Conditions of payment. Application ■of subsidy granted to "the Baie des Ohalears Railway Oompany. 1 1. It shall be lawful for the Lieutenant-Governor in Coun- cil to grant to the colonization railway known as the Long Sault and Lake Temiscamingue, a subsidy of three thousand two hundred dollars per mile, for several sections of its railway, covering a whole distance of seventeen miles, already subsidized by the Federal Parliament to the same amount, to extend the said railway to Lake Kippewa, it being understood that the said subsidy may be paid to the company on the completion of any of the said sections less than ten miles, upon the favorable report of the Government engineer. 12. The Lieutenant-Governor in Council may apply, upon the eighty miles of the Baie des (jhaleurs Railway Company, extending from the twentieth mile to the east of Metapediac as far as Paspebiac, the first thirty-five cents per acre of lands of the subsidy belonging to the company, which subsidy was con- verted into a subsidy in money in virtue of the act 49-50 Vic- toria, chapter 76, coming to the eighty miles of the said road from Paspebiac to Gaspe. In such case the second thirty-five cents of the said subsidy coming to the eighty miles from twenty miles, to the east of Metapediac as far as Paspebiac, shall apply pleno jure upon the eighty miles from Paspebiac to Gasp6. The thirty-five cents so applied, upon the eighty miles to the east of Metapediac as far as Paspebiac shall be payable in the MUTUAL FIRE INSURANCE COMPANIES. 347 same manner as the first thirty-five cents coming to the said portion. The Lieutenant-Governor, in applying this section, may Conditions impose upon such company the conditions he shall deem most ™ay be im- calculated to assure the construction, within the shortest delay, ^°^^ of the road as far as Gasp6 Basin. IS. It shall be lawful for the Lieutenant-Governor in Council Aid towards to grant aid to the Quebec Eailway Bridge Company for the ygys of Que- purpose of making the necessary surveys, provided such aid bee Railway does not exceed one-third of the total and actual cost of such p^n,?^ ^°™' surveys, that such third shall not exceed ten thousand dollars, and that such sum shall be payable in the manner, at the time, and according as the Lieutenant-Governor may be pleased to determine. 14. It shiall be lawful for the Lieutenant-Governor in Council Lieutenant- to convert, in whole or in part, any subsidy in land, to which council may any company may be entitled in virtue of this act, into a money convert land subsidy, by paying a sum not exceeding thirty -five cents per money'^'BuM- acre at the time the said subsidy becomes due, and another sum dy ; condi- not exceeding thirty-five cents per acre when the lands allotted ^'°°^ thereof. to the said company under this act shall have been sold and paid for, pursuant to the rules and regulations of the Department of Crown Lands, and suTsject to such conditions, to secure the con- struction of the road to which the said subsidy shall apply, as the Lieutenant-Governor in Council may establish ; provided Company to that the company entitled to any land subsidy under this act option. shall declare its option, within the delay of two years after the passing of this act, in favor of the said conversion of the said subsidy, by a resolution of its board of directors duly communicated to the Government through the Commissioner of Public Works. 15. This act shall come into force on the day of its sanction. Coming ■^ force. into 2nd. insurance companies. 45 VICTORIA, CHAPTER 51. (Quebec.) Ah act respecting mutual fire insurance com- panies. [Assented to 27th May, 1882.] TTER MAJESTY, by and with the advice and consent of the ■*--*• Legislature of Quebec, enacts as follows : 348 MUTUAL FIBE INSURANCE COMPANIES. Certain poli- cies hereto- fore issued declared valid. Provisions as to the coming in force of this_ section, as respects any particu- lar company. The Stan- stead and Sherbrooke Mutual Pire Insurance Company. New name. Power to ac- quire certain property. Note.— TAis chapter is consolidated (articles 5264-, to 5348) with the exception of sections 48 and 78, replaced by -^7 Vict, chap. 76, and sections 75, 76, 77, 79, 80 and 81, which remomi in force as follows : T5. It is hereby declared that all policies of insurance, issued by any existing mutual fire insurance company since the coming into force of the act of this Province, 44-45 Vict., chap. 24, are legal and binding, as well upon such companies as upon the insured, notwithstanding, and in so far only as concerns the limitation contained in the said cited act ; and every such company shall continue to have the right to transact the bus- iness of mutual fire insurance throughout the Province of Quebec. But the provisions of this section shall come into operation, only on the publication in the Quebec Official Gazette of an order in council, based on a report of the inspector of insurance estab- lishing that such company's affairs are in a sound position and deserving of the public confidence. 76. The Mutual Fire Insurance Company of the counties of Stanstead and Sherbrooke shall continue to exist as a corpora- tion ; but, after the thirty -first of August next, its existence shall continue under the name of " The Stanstead and Sher- brooke Mutual Fire Insurance Company ; " and the head office and chief place of business of the company shall be in the city of Sherbrooke, and the company may acquire an immovable in the said city to be occupied by the offices of the company. Missisquoi TT. The Mutual Fire Insurance Company of the counties of MutiSi Fire^ Missisquoi and Rouville shall continue to exist as a corporation, Insurance after the thirty-first day of August next, under the name of the Company. .< Missisquoi and Rouville Mutual Fire Insurance Company." The Montma- 79. The Mutual Fire Insurance Company of the counties of fire lusuran- Montmagny, Bellechasse and ITslet shall continue to exist as a ce Company, corporation ; but, after the thirty-first day of August next, its " existence shall continue under the name of " The Montmagny Mutual Fire Insurance Company." New name. Application of sections 1 to 14 to com- panies under 0. S. L. C, cap. 68. 80. The provisions of this act, save and except the sections from 1 to 14, inclusive, shall apply to every mutual fire in- surance company doing business in this Province and incor- porated under chap. 68 of the Consolidated Statutes for Lower Canada and its amendments. Acts re- pealed. C. S. L.C., cap. 68, 28 Vict, cap. 13, 34 Vict., cap. 81. The following acts, as well of the late Province of Canada as of the Province of Quebec, are hereby, in so far as they affect mutual fire insurance companies in this Province, repealed, to wjt : chapter 68^, Consolidated Statutes for Lower Canada ; 28 Victoria, chapter 13 ; 34 Victoria, chapter 16 ; 38 Victorift, MUTUAL FIRE INSURANCE COMPANIES. 349 chapter 38 ; 43-44 Victoria, chapter 41 ; and 44-45 Victoria, 16, 38 Vict., chapter 24. ^?ct.!'4'"/i! 44-45 Vict., *********** cap. 24. 47 VICTORIA, CHAPTER 76. (Quebec.) An act to amend the act of this Province, 45 Vic- toria, chapter 51, intituled : "An act respecting mutual fire insurance companies." [Assented to 10th Jume, 1884.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is consolidated with the exception of section 3, which remains in. force as amendTrient to section 78 of 4S Vic., chap. 51, and section 9, as follows : 3. Section 78 of the said act is repealed and replaced by the Sec. 78 re- following: . Pla<=ed. " 78. The Mutual Fire Insurance Company of the counties (lertaiu mu- of Richmond, Drummond and Yamaska is hereby declared to ^"^^ ^'^^ *''_™" be a body politic and corporate, as fully and effectively as if all pany declared the legal formalities for its organization had been strictly com- to be a cor- T -, ° .,■■ ° ■' poration. plied with. Its proceedings, engagements and contracts are legalized and its proceed- • declared to be valid and binding, notwithstanding that the lefaiized' same should have been transacted and entered into under the though under name of the " Richmond, Drummond and Yamaska Mutual Fire '^^'^s name. Insurance Company," and hereafter its existence shall continue under the said last mentioned name. And all suits may be brought in such last mentioned name Power to in all cases where the engagements and contracts have been so undS such made and entered into. name. The directors of the company at present in office shall con- Replacing of tinue as such until their successors are duly chosen under the rectors. . provisions of this act." 9. This act shall come into force on the first of September eighteen hundred and eighty-four. 350 JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 3bd. joint stock companies. Preamble. Formation of companies, and purposes for which they may be formed. Dedaration, and what to contain. Name. Purpose. Place of operation. 23 VICTORIA, CHAPTER 31. (Canada.) An act respecting the judicial incorporation of joint stock companies for certain purposes. [Assented to 19th May, I860.] WHEREAS it is expedient to provide for the incorporation, by judicial decree, of joint stock companies for the several purposes hereinafter set forth ; Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter rernains in force as regards companies organized in vvi^tue of the said chapter. 1. Any five or more persons, who desire to form an incor- porated company' for the carrying on of any kind of manufac- turing, ship-building, mining, mechanical or chemical business, or for the erection and maintenance of any building or build- ings 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 exhibitions, or as a place for educational, library, scientific or religious purposes, or as a public hotel, or as a place for baths and bath-houses, or for the opening and using of salt or mineral springs, or for the carry- ing on of any fishery or fisheries in this Province, or in the waters thereto adjacent, or in the Gulf of St. Lawrence, and the building and equipping of vessels required for such fishery or fisheries, or for the carrying on of any general forwarding business, and for the construction, owning, chartering or leasing of ships, steamboats, wharves, roads or other property required for the purposes of such forwarding business, may make and sign a declaration in writing, in which shall be set forth : 1. The proposed corporate name of the company, which shall hot be that of any other known company incorporated or un- incorporated, or any name liable to be unfairly confounded therewith, or otherwise on public grounds objectionable ; 2. The object for which it is proposed to form the same ; 3. The place or places, correctly and sufficiently designated, in which the operations of the company are to be carried on ; with special mention, if there be two or more such places, of some one of them as the chief place of business of the com- pany ; JUDICIAL INCORPORATION OF JOINT STOCK COMPANIBS. 351 4. The amount of the capital stock of the company ; Capital. 6. The number and value of the shares into which such Shares, stock is to be divided ; and 6. The name in full, and the address and calling, of each of Names of the persons making the declaration, with special mention, — stockholders^ firstly, of the amount of stock taken by each, the aggregate thereof not being less than one-half of the total amount of the stock of the company, — and, secondly, of the names of not less than three nor more than nine of such persons who are to be the first directors of the company, and who must be resident First Direct- in this Province, and subjects of Her Majesty, by birth or na- °^^' turalization. 2. Such declaration may further have embodied therein any Further pro- provision which otherwise under this act might be embodied in visions iu it. any by-law of the company, when incorporated. 3. The parties signing the declaration shall acknowledge the Before whom same in duplicate, before the registrar or deputy registrar of ^^^ acknow- the city, county or division wherein the operations of the coni- ' pany are to be carried on, — or, if such operations are to be carried on in more than one city, county or division, then before the registrar or deputy registrar of the city, county or division wherein its chief place of business is situate ; and such regis- trar or deputy registrar shall receive such acknowledgment, and grant a certificate thereof. 4. One of the duplicates of the declaration shall be filed by Duplicates to such registrar or deputy registrar, and a transcript thereof shall ^^ ^^^^ "*' ™- be made by him in a book to be kept for that purpose ; and the where. other of the duplicates, with a proper certificate of the acknowl- edgment, filing and registration thereof, endorsed thereon, shall forthwith be transmitted to, and filed in the office of the pro- thonotary of the Superior Court in and for the district wherein such registration has been made, if in Lower Canada, — or of the clerk of the County Court of the county wherein such registration has been made, if in Upper Canada. 5. If the operations of the company are to be carried on in Further pro- any city, county or division other than that wherein its chief visions as to place of business is situate, a copy of the duplicate so regis- ^ung.° tered as aforesaid, duly certified by such registrar or deputy registrar, shall be transmitted to, and in like manner filed and registered by, the registrar or deputy registrar of every other such city, county or division ; and a proper certificate of such filing and registration shall be transmitted to and filed in the office of the said prothonotary or clerk, as the case may be, with the other duplicate aforesaid. 6. Upon such filing in the office of such prothonotary or Pnbic notice clerk, public notice thereof, under his signature, in the form of ^^ prothono- 352 JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. tary, &c., with whom the declara- tion is filed. schedule A, annexed to this act, shall, during two months, be kept conspicuously posted in his office, and shall also, three several times during the same two months, be inserted in the Canada Gazette, and in some newspaper published in the dis- trict or county wherein the office of such prothonotary or clerk is situate, or (in default of such newspaper, then) in some newspaper published as near thereto as may be ; and all such notices, if required to be posted in Lower Canada, shall be so posted as well in French as in English, and shall be inserted m the Canada Gazette in both languages, and shall also (within Lower Canada) be inserted in each language in a newspaper published in such language. Application for decree of incorpora- tion, &c. Oppositions to decree. 7. On the day signified in such notice, or within such delay thereafter as the court may ordain, summary application may be made by the signers of the declaration, for a decree of incorporation in terms thereof, — and the Attorney or Solicitor General for Lower or Upper Canada, as the case may be, and all other parties claiming interest, may appear and put in such written opposition to the granting of the decree, as they may .see fit. Proceedings 8. Whether any opposition be put in or not, the decree shall cation'' ^^^''' °°* ^® granted, unless, upon examination, the application made and the proceedings incident thereto are found by the court to be in all things correct and according to law ; nor yet unless it is made to appear to the court, that the parties applicant, and more especially the provisional directors named, are persons of sufficient reputed means to warrant such application. Proceedings on such appli- cation. Evidence. Appeal from grant or re- fusal of de- 9. No formal written pleading shall be put in, as touching any opposition ; but the court may order the taking of evidence on such points and in such manner as it may deem requisite, — and if it see fit, may allow the declaration to be withdrawn, and an amended declaration, acknowledged by the parties applicant before the prothonotary or clerk, to be substituted therefor, without further notice, or with such further notice only as it may specially ordain ; and after finally hearing the parties, it shall either grant or refuse the decree prayed for. 10. During one month after the granting or refusal of the decree, the Attorney or Solicitor General for Lower or Upper Canada, whether at the instance of a private opposant or other- wise, in the one case, or the parties applicant in the other case, by filing in the office of the prothonotary or clerk, a summary petition to that effect, together with a certified copy thereof for communication to" the parties applicant in -the one case, or to each party opposant in the other case, may appeal to the Court of Queen's Bench for Lower Canada, or to either of the Superior Courts of Common Law for Upper Canada, according as the decision in question may be that of the Superior Court for Lower Canada, or of a County Court in Upper Canada. JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 353 11. On the filing of such petition, the prothonotary or clerk Transmiaaion ssh&\\ forthwith transmit the same, together with the whole of °^ ""ecord. the record in question, to the court thereby appealed to. 12. No formal written pleading shall there be put in ; but Proceedings the court, if it see fit, may allow the substitution of an amended ^'^ appeal, •declaration, acknowledged before the clerk of the court, in like manner as the Superior or County Court may ; and after due Remission of ■examination of the record, and hearing of the parties, it shall Re'=<"'^- ^finally grant or refuse the decree, in its discretion, and shall remit the record, with such its judgment, to the court appealed from. 13. On the granting of such decree in appeal, or (if there Piling decree have been no appeal, then) at the expiration of one month ^iafgeo?!''^" -after the granting of such decree by the Superior Court for tary. Lower Canada, or by a County Court in Upper Canada, the parties applicant may require and cause an authentic copy thereof, and of the declaration whereon the same is based, to be filed and recorded in the ofiice of the Provincial Secretary, — and Notice by -a notice to that effect, in the form of Shedule B, annexed to S®°'^«'^'^y- -this act, under the signature of the Provincial Secretary, to be inserted in the Canada Gazette ; and thereupon, from the date of such filing, the persons named in such declaration, and their successors, shall be a body politic and corporate by the name mentioned therein. 14. Any company so incorporated may, in its corporate General cor- name, acquire, hold, alienate and convey any real estate, mills, porate powers , . T 1 1 -1 T , , "^ •' . f, „ ' of company, machmery and buiidmgs whatsoever necessary or requisite tor the carrying on of its operations, as set forth in its declaration so judicially confirmed as aforesaid ; and shall have every attribute and power whatsoever necessary or requisite to the ■carrying on of such its operations, to all intents as though in- corporated by a spefial act of Parliament making it by such name a body politic and corporate, and embodying all the pro- visions of this act, and of such declaration, and of such decree, — and this, notwithstanding any possible irregularity, or defect whatsoever, in the terms of such decree, or in any document or proceeding whatsoever antecedent thereto, or in the filing thereof, or in the notice of such filing. 15. In any action, suit or other legal proceeding, whether by How decree or against the company, it shall not be requisite to set forth ^^^^^ L legal the mode of incorporation of the company, otherwise than by proceedings, mention of the court by which such decree was granted, and of *'^- the dates of the granting and of the filing thereof, as aforesaid ; And the notice, by the Provincial Secretary in the OaTOCtcZo. Proof of de- Gazette, of such filing, shall be primd facie proof of the name "^^■ of the company, and of the granting and filing of the decree, a.nd of the observance of every formality required in order thereto ; and a copy of the decree and of the declaration where- on the same is based, being certified by the prothonotary or 23 354 JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. clerk having custody thereof, or by the Provincial Secretary,, shall conclusively establish every clause, matter and thing,, therein set forth. Board of di- rectors. IC The affairs of every company incorporated under this act, shall be managed by a board of not less than three nor more than nine directors. First direct- ors. Qualification of elective directors. Election. IT. The persons named as such, in the declaration of the company, shall be the directors of the company, until replaced by others duly named in their stead. IS. No person shall be elected or named as a director there- after, unless he is a shareholder, owning stock absolutely in his own right, and not in arrear in respect of any call thereon, nor yet unless he is resident in this Province, and a subject of Her Majesty, by birth or naturalization. 19. The after directors qf the company shall be elected by the shareholders, in general meeting of the company assembled at such times, in such wise, and for such term, not exceeding two years, as the declaration, or (in default thereof) the by- laws of the company may prescribe. As to eiec- 20. In default only of other express provisions in such tions, when behalf, bv the declaration or by-laws of the company : not otherwise •' ■ •' c j '?'™be yearly. ^- Such election shall take place yearly, all the members of the board retiring, and (if otherwise qualified) being eligible for re- election ; Notice. 2. Notice of the time and place for holding general meetings- of the company shall be given at least ten days previously there- to, in some newspaper published at or as near as may be to the ofiice or chief place of business of the company ; "\'otes. 3. At all general meetings of the company, every shareholder shall be entitled to as many votes as he owns shares in the company, and may vote by proxy ; Ballot. 4. Elections of directors shall be by ballot ; Vacancies. 5. Vacancies occurring in the board of directors may be filled, for the unexpired remainder of the term, by the board, from among the qualified shareholders of the company ; President and 6. The directors shall, from time to time, elect from among officers. themselves a president of the company ; and shall also name,, and may remove at pleasure, all other oflicers thereof. Provisions in case of failure of election. 21. 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. JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 355 22. The directors of the company shall have full power in Powers of di- all things to administer the affairs of the company ; and may •'•"=*'"'s- make or cause to be made for the company any description of contract which the company may by law enter into ; and may, By-laws and from time to time, make by-laws not contrary to law, nor to the '""^ what pur- declaration of the company, nor to this act, to regulate the m°ade. ° allotment 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 di- rectors, their term of service, the amount of their stock qualifi- cation, the appointment, functions, duties and removal of all agents, officers and servants of the company, the security to be given by them to the company, their remuneration and that (if any) of the directors, the time at which and the 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 penalties 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 general 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, cease to have force ; provided, always. Proviso : call- that one-fourth part in value of the shareholders of the com- "^g special pany shall at all times have the right to call a special meeting any purpose, thereof for the transaction of any business specified in s^uch written requisition and notice, as they may issue to that effect. 23. A copy of any by-law of the company, under their seal, Proof of by- and purporting to be signed by any officer of the company, '*^^- shall be received as pHnid facie evidence, of such by-law in all Courts of Law or Equity in this Province. 24. The stock of the company shall be deemed personal stock to be estate, and shall be transferable, in such manner only, and P^,''^°"*''*^: subject to all such conditions and restrictions as by this act or gtock. by the declaration or by-laws of the company shall be pre- scribed. 25. If the declaration of the company makes no other Allotment of definite provision, any shades of stock not thereby allotted shall shares. be allotted when and as the directors, by by-law or otherwise, may ordain. 26. The directors of the company may call in and demand, Calls on. from the shareholders thereof, respectively, all sums of money ^**"^'^- by them subscribed, at such times and places, and in such 356 JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. payments or instalments, as the declaration of the company Interest. 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. Amount of 27. Not less than ten per centum upon the allotted stock of calls limited. ^}jg company shall, by means of one or more calls, be called in and made payable within one year from the incorporation of the company ; and for every year thereafter, at least a further ten per centum shall in like manner be called in and made payable, until the whole shall have been so called in. Enforcing 28. The company may enforce payment of all calls and ''aUs'-^ whatit ^^^^^^st thereon by action in any competent court ; and in such shall suffice action it shall not be necessary to set forth the special matter, to allege and but it shall be sufficient to declare that the defendant 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 company 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, and that so much is due by him and unpaid thereon, shall be received in all courts of Law and Equity as prima facie evidence to that effect. Forfeiture for 2t». If, after such demand or notice, as, by the declaration non-payment qj. by-laws of the Company may be prescribed, any call made upon any share or shares be not paid within such time, as, by such declaration or by-laws, may be limited in that behalf, 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 property of the company, and may be disposed of as by by-law or otherwise they shall ordain. Calls must be ^®- ^0 share shall be transferable, until all previous calls paid before thereon have been fully paid in, or until declared forfeited for non-payment ot calls thereon. transfer. Sharebolders 31. No shareholder being in arrear, in respect of any call, to Totr"^ °°* ®^^^^ ^^ entitled to vote at any meeting of the company. Provision for 32. The directors of the company, if they see fit at any iivae increase of after the whole capital stock of the company shall have been allotted and paid in, but not sooner, may make a by-law for increasing the capital stock of the company, to any amount which they may consider requisite in order to the due carrying Two-thirds of out of the objects of the company ; but no such by-law shall h'Id'rTmust ^*^® ^^^ f orce or effect whatever, until after it shall have been Tote for it. sanctioned by a vote of not less than two-thirds in amount of JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 357 all the shareholders, at a general meeting of the company duly called for the purpose of considering such by-law. 3S. Any by-law, for increasing the capital stock of a com- By-law to pany, shall declare the number and value of the shares of the tain*provi"' new stock, and may prescribe the manner in which the same sions. shall be allotted ; and in default of its so doing, the control of such allotment shall be held to vest absolutely in the directors. 34. Upon the passing, in the manner hereby required, of a Snpplemen- by-law for increasing the capital stock of a company, the persons J^''^ "J^^^*''''- entitled to become holders of the new stock, whether in terms stock. of such by-law or by reason of the allotment thereof made by the directors, may (with the directors, or the major part of them) make and sign in duplicate a supplementary declaration setting forth : 1. The names, address and calling of each of them ; 2. The number of shares of the new stock taken by each of them ; amounting, in the aggregate, to not less than one-half of the total amount of such new stock. 35. A copy of such by-law, duly authenticated, and having Copy of new- one duplicate of such supplementary declaration appended to°befi^d*^' thereto, may thereupon be hied by the company, in the office and subject to of the prothonotary or clerk of the court having custody of the approval by decree of incorporation of the company ; and when so filed, court. the same shall be attested before such prothonotary or clerk, by the oath of at least one credible witness to every signature thereto set ; and the court, • on summary application by the company, shall thereupon examine such bj^-law and supple- mentary declaration, and shall allow or disallow the same, according as they are found to be regular and sufficient, or otherwise. 36. On such allowance thereof, the company may require Proceedings, and cause an authentic copy of the order of the court to that i^itisallow- end and of the by-law and supplementary declaration so allow- ed, to be tiled and recorded in the office of the Provincial Sec- retary, and a notice to that effect, in the form of Schedule C Public notice. annexed to this act, under the signature of the Provincial Sec- retary, to be inserted in the Canadu Gazette ; and thereupon, from the date of such filing, the capital stock of the company shall be and remain increased, to the amount, in the manner, and subject to the conditions set forth by such by-law, and the new stock shall become subject to all the provisions of this act, in like manner (so far as may be), as though the same had formed part of the stock of the company originally subscribed. 37. The company shall cause a book or books to be kept by Books to be the secretary, or by some other officer specially charged with '^?g*-^ ^^ ^^^_ that duty, wherein shall be kept recorded : tain. 358 JUDICIAL INCOKPORATION OF JOINT STOCK COMPANIES. Copy of de- 1. A correct copy of the decree of incorporation of the corn- wee , J- aws, pany^ and of the declaration whereon the same is based, — as also of any and every by-law and supplementary declaration for increasing the capital stock thereof, and of all orders of court allowing the same ; 2. The names, alphabetically arranged, of all persons who are or have been shareholders ; Names of shaieholders. Addresses. 3. The address and calling of every such person, while such shareholder ; 4. The number of shares of stock held by each shareholder ; 5. The amounts paid in, and remaining unpaid, respectively, on the stock of each shareholder ; 6. 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 or the entry thereof ; and 7. The names, addresses and calling of all persons who are past and pre- qj. ji^ve been directors of the company ; with the several dates at which each ever became, or ceased to be such director. Number of shares. Calls paid. Transfers. Directors Directors 3^. The directors may refuse to allow the entry, into any may disallow j^^^jj book, of any transfer of stock whereof the whole amount stock in cer- has not been paid in ; and whenever entry is made, into such tain oases. book, of any transfer of stock not fully paid in, to a person not being of apparently sufficient means, the directors, jointly and severally, shall be liable to the creditors of the company, in the same manner and to the same, extent as the transferring stockholder, 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 possible to, the office or chief place of business of the company, such director may thereby, and not otherwise, exone- rate himself from such liabilitj^. Effect of transfer limit- ed until al- lowed. 39. No transfer of stock shall be valid for any purpose what- ever, save only as exhibiting the rights of the parties thereto towards each other, and as rendering the transferee liable ad interirtx jointly and severally with the transferer, to the com- pany and their creditors, — until entry thereof has been duly made in such book or books. Books to be 40. Such books shall, during reasonable business hours of holders 'and'^' '^'^^^ day, except Sundays and statutory and obligatory holi- creditors of days, be kept open for the inspection of shareholders and cre- company. ditors of the company, and their personal representatives, at the office or chief place of business of the company ; and every JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 359 •.such shareholder, creditor or representative, may make extracts therefrom. 41. Such books shall be prvmd facie evidence of all facts Their effect purporting to be thereby stated, in any suit or proceeding ^^ eT'dence. against the company or against any shareholder. 42.^ Every director, officer or servant of the company who Penalty for knowingly makes or assist to make any untrue entry in any making un- such book, or who refuses or neglects to make any proper *'"® entries. 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. 43. Every company neglecting to keep such book or books Forfeiture of -open for inspection as aforesaid, shall forfeit the corporate ^^^j^'n^*"^ °°' -rights acquired under this act. er boolfs!"^"'^ 44. The company shall not be bound to see to the execu- Company not "tion of any trust, whether express, implied or constructive, in bound to see respect of any shares ; and the receipt of the shareholder, in shares^.* °" whose name the same may stand in the books of the company, shall be a valid and binding discharge to the company 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. 45. Every contract, agreement, engagement or bargain Contracts, made, and every bill of exchange drawn, accepted or endorsed, ^^^^^'u""*^^' and every promissory note and cheque made, drawn or endorsed company, on behalf of the company, by any agent, officer or servant of 1^°^ *° ^^ 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 subject individu- ally to any liability whatsoever tQ any third party, therefor ; provided, always, that nothing in this section shall be construed Proviso : no to authorize the company to issue any note payable to the fg^g^e bank-° bearer thereof, or any promissory note intended to be circulated notes. ■as money or as the note of a bank. 46. No company shall use any of its funds in the purchase As to holding •of stock in any other corporation, unless in so far as such pur- ^0°*' oration^' chase may be specially authorized by the act creating such other corporation. 360, JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. Liability of shareholders defined and limited. 47. 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. Further limi- 4>*. The shareholders of the company shall not, as such, be tationoflia- held responsible for any act, default, or liability whatsoever,, shareholders, of the company, or for any engagement, claim, payment, loss,., injury, transaction, matter or thing whatsoever, relating to or- connected with the company, beyond the amount of their re- spective shares in the capital stock thereof. As to stock held by per- sons ia a re- presentative capacity. Voting on such stock. Penalty for paying divi- dends when company is insolvent, &c. , or which diminish its capital. 4S>. 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 intes- tate, or the minor, ward or 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 security, shall be personally subject to such liability, but the person, pledging such stock, shall be considered as holding the same, and shall be liable as- a shareholder accordingly. 5®. 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. 51. If the directors of the company declare and pay any dividend when the company is insolvent, or any dividend 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 individual shareholders- and creditors thereof, for all the debts of the company then existing, and for all thereafter contracted during their conti- nuance in office, respectively ^ but if any director, present when such dividend is declared, do forthwith, or if any director, then absent, do, within twenty-four hours after he shall become aware thereof, and able so to do, enter on the minutes of the board of directors his protest against the same, and do, within eight days thereafter, publish such protest, in at least one news- paper 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 suck, liability. JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. 361 52. No loan shall be made by the company to any share- Penalty on holder ; and if such be made, all directors and other officers of officersTend- the company, making the same, or in any wise assenting there- ing money of to, shall be jointly and severally liable to the company for the ^^^ t'^T^T/ amount of such loan, — and also to third parties, to the extent ers. 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. 53. The directors of the company shall be, jointly and sev- Liability of erally, liable to the laborers, servants and apprentices thereof, jabore'i-ra^n'd for all debts, not exceeding one year's wages, due for service si^rvants of performed to the company whilst they are such directors, re- *^^ company i spectively ; but no director shall be liable to an action therefor Condition, unless the company has been sued therefor, within one year after such debt became due, nor yet unless such director is sued therefor within one year from the time he ceased to be a director, nor yet 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 the directors. 54. Any description of action may be prosecuted and main- Shareholders tained between the company and any shareholder thereof ; and "/witn^e^se's^^ no shareholder, not being himself a party to such suit, shall be when compa- incompetent as a witness therein. "^ '^ * party. 55. Service of all manner of summons or writ whatsoever Service of upon the company may be made by leaving a copy thereof at ^™t^e^^*t^l' the office or chief place of business of the company, with any pany, how to grown person in charge thereof, or elsewhere with the presi- ^^ made. dent 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 pulblication shall be held to be due service upon the company. 56. The judges of the Court of Queen's Bench for Lower Judges to _ Canada, or the major part of them, and the judges of the Supe- practice ^^'° rior Courts of Common Law in Upper Canada, or the ipajor under this part of them, may from time to time establish, for Lower and *«'• Upper Canada, respectively, such rules as they may deem expe- dient, as to the practice to be followed for the obtaining of decrees of incorporation and orders of court under this act, whether before the court of first instance or in appeal ; and, also, as to the awarding of costs in proceedings under this act. 57. The Governor in Council, at the instance of such judges, GoTernor in or otherwise, may, from time to time, by proclama,tion, fix and ^"keterm's regulate the fees to be taken by all registrars, and by all of fees, &c. •362 JUDICIAL INCORPORATION OF JOINT STOCK COMPANIES. officers of courts, for the discharge of their respective func- tions under this act. -Act not to re- 58. Nothing in this act contained shall be construed to of Con^'sta\ repeal the act chaptered sixty-three of the Consolidated Stat- ■of Canada, utes of Canada, or to prevent any company from becoming incorporated under the same, as before the passing of this act. Short title of 5t>. Whenever this act is referred to, it shall be sufficient -act. jjj citing the same to use the expression : The Joint Stock Companies' Judicial Incorporation Act. SCHEDULE A. Public notice is hereby given, that under The Joint Stock Com- panies' Judicial Incorporation ^ci, there has been filed in the office of the undersigned (prothonotary or clerk, as may be), of (here designate in full the court), a declaration signed by (here give the na,mes, address, and calling of each signer), and duly certified to have been filed and registered in ■{here designate each registry office wherein such filing and registration is certified to have taken place). Also, that on the day of , application will be made to such court for a decree to incorporate such signers, for the purpose of (here state the object of the company), by the name of ; on which day all parties, claiming to oppose such decree, are hereby notified to appear before .such court, as by the said act is provided. Dated at my said office, this day of A. B., Prothonotary, {or Clerk, as may he). SCHEDULE P. Public notice is hereby given, that under The Joint Stock •Companies' Judicial Incorporation Act, there has been this day filed in the office of the undersigned. Provincial Secretary, an authentic copy of a decree, granted by (here designate tli£ court), on the day of , to incorporate {here insert the name of the company), and also of the declaration whereon the same is based. Dated at my said office, this day of B. C, Provincial Secretary. JOINT STOCK GAS AND WATER COMPANIES. 363 SCHEDULE C. Public notice is hereby given, that under The Joint Stock Companies' Judicial Incorporation Act, there has been this day filed in the office of the undersigned, Provincial Secretary, an authentic copy of a certain by-law and declaration, for increasing the capital stock of (here name the com^pany), and also an order granted by {here designate the court), on the day of , allowing the same. Dated at my said office, this day of B. C, Provincial Secretary. 23 VICTORIA, CHAPTER 32. (Canada.) An act to extend to parish and township muni- cipalities the acts authorizing the establish- ment of joint stock gas and water companies. [Assented to 19th May, I860.] HEREAS it is expedient to give increased facility for the Preamble, establishment of incorporated joint stock gas and water W . companies, and to declare valid the formation of such compa- nies as have been organized within the limits of certain parish, township or other municipalities, to which the above mentioned' act do not apply : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter is consolidated with the exception of section 2, which remains in force as printed beloiu. Section one, although consolidated, is printed here as explanatory of the said section 2. 1. The act forming the sixty-fifth chapter of the Consolidated Chap. 65 of Statutes of Canada, and all and every the provisions of the cankdito °^ said act, shall extend and apply and shall be deemed to have apply to cer- extended and applied, to parish and township corporations, and J^^" •'°jpj;\_ to all other municipal corporations which are not included in ities. the provisions of the said act, in the same manner as if the said corporations had been therein specially mentioned. 2. All companies organized within the limits of any parish, Companies township or other municipality, in conformity with the provi- "ufh municU sions of the act mentioned in the preceding section (or before palitiea, be- the coming into force of the said Consolidated Statutes under ro^e the pass- the provisions of the act sixteenth Victoria, chapter one hundred 364 LIMITED PARTNERSHIPS. ing of this and seventy -three, and eighteenth Victoria, chapter ninety- act, ega iz- fQup)^ fQP ^}je purpose of supplying such municipality or any portion thereof with gas and water, are hereby declared to have been legally organized ; and all proceedings of such companies, as well as all by-laws, proceedings and acts of the councils of such parish, township or other municipalities, and of their offi- cers, and all other proceedings had in virtue of the chapter of the Consolidated Statutes or of the acts hereinbefore men- tioned, for the purpose of establishing such companies, shall be deemeed valid and shall have the same force and effect as if such companies had been formed within the limits of munici- palities specially included in the provisions of the said chapter or acts. 3. PARTNERSHIPS. CONSOLIDATED STATUTES OF CANADA CHAPTER 60. An act respecting limited partnerships. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts a^ follows : Note. — This chapter has been superseded by the Civil Code and partly consolidated tvith the exception of sections 19, W and "21, which remain in force as follows : 1?>. Any partnership firm formed in Upper Canada under the Limited Partnership Act, before the fifth day of September, one thousand eight hundred and fifty -four, may carry on bus- iness in Lower Canada, as well as in Upper Canada ; provided a certificate of the formation of such partnership and of the extension thereof to Lower Canada, in the form following, be first filed in the prothonotary's office of the district, and in the registry office of the county in Lower Canada, in which the place of business of such partnership in Lower Canada is situate, namely : We, the undersigned, do hereby certify that we have entereii into copartnership under the style and firm of ( etc.,) as (grocers and commission merchants), which firm consists of (A. B.), residing usually at , and (C. D.), residing usually at , as general partners, and (E. F.), residiug^ usually at , and (G. H.), residing usually at as special partners, the said (E. F.) having contributed ($4,000)., and the said (G. H.) ($8,000) to the capital stock of the sai4. LIMITED PARTNERSHIPS. 365 partnership, which said partnership commenced on the day of (Anno Domini, one thousand eight hundred and ), and terminates on the day of (Anno Domini, one thousand eight hundred and ), and whereof a certificate was duly recorded in the office of the (clerk of the County Court of the county of ), on the day of (Anno Domini, one thousand eight hundred and ), and which partnership is this day extended to Lower Canada. Dated this day of , (Anno Domini, one thousand eight hundred and ). (Signed) Signed in the presence of 1 A. B. L. M., \ C. D. Notary Public. J E. F. G. H. 18 v., c. 14, s. 2 and schedule, and 12 V., c. 10, s. 5, No. 10. 20. Any limited partnership legally formed between the Partnerships fifth day of September, one thousand eight hundred and fifty- gth^Septem-* four, and the day on which this act takes effect, may transact ber, 1854, business in either Upper Canada or in Lower Canada, or both, "„ Jnggg 'jn l° upon compliance with the formalities by this act required, and c, or u. C, on filing a certificate of the formation of the partnership in *<=• the first form in this act contained, in the office of the clerk of the County Court of the county in Upper Canada, and in Lower Canada in the offices of the prothonotary of the district and of the registrar of the county, in which the principal place of business of the said pai'tnership is situate. 18 V., c. 14. s. 2. 21. The mere extension to Lower Canada, of any existing Such exten- limited partnership formed before the fifth day of September, ^^°^^°^^' ^' one thousand eight hundred and fifty^four, shall not be deemed deemed a dis- a dissolution of such partnership. 18 V., c. 14, s. 3. solution. TITLE XII. MATTERS RELATING TO THE CODES. CIVIL CODK CONSOLIDATED STATUTES FOR LOWER (^ANADA CHAPTER 2. An act respecting the codification of the laws of Lower Canada relative to civil matters and pro- cedure. Preamble. "fXT'HEREAS the laws of Lower Canada, in civil matters, are » ' mainly those which, at the time of the cession of the country to the British Crown, were in force in that part of France then governed by the custom of Paris, modified by Provincial Statutes, or by the introduction of portions of the law of England in peculiar cases; and it therefore happens that the great body of the laws, in that division of the Province,. exist only in a language which is not the mother tongue of the inhabitants thereof of British origin, while other portions are not to be found in the mother tongue of those of French origin ; and whereas the laws and customs in force in France, at the period above mentioned, have there been altered and reduced to one general code, so that the old laws still in force in Lower Canada are no longer re-printed or commented upon in France,, and it is becoming more and more difficult to obtain copies of them, or of the commentaries upon them ; and whereas the reasons aforesaid, and the great advantages which have re- sulted from codification, as well in France as in the State of Louisiana, and other places, render it manifestly expedient to provide for the codification of the civil laws of Lower Canada ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts a& follows : Governor to 1. The Governor may appoint three fit and proper persons, appoint three barristers of Lower Canada, to be commissioners for codifying era— the laws of that division of the Province in civil matters, and And two sec- two fit and proper persons, being also such barristers, to be retaries. secretaries to the Commission, one of whom shall be a person whose mother tongue is English but who is well versed in the French language, and the other a person whose mother tongue CODIFICATION OF THE LAWS OF LOWER CANADA. 36T" is French but who is well versed in the English language. 20 v., c. 43, s. 1. 3. Any judge or judges of the Court of Queen's Bench or Judges may of the Superior Court for Lower Canada may be appointed a ^^.^ ".^ '="™- commissioner or commissioners under this act ; and if any- such judge is so appointed, the Governor may appoint any bar- Appointment, rister of at least ten years standing at the bar of Lower Can- pf assistant ada, to be and act as an assistant judge of either of the said iuc^^case. courts, — or any judge of the Superior Court to be and act as an assistant judge of the Court of Queen's Bench, and a bar- rister as aforesaid to supply his place as judge of the Superior Court, as an assistant judge thereof, — for and during the time that the judge, appointed a commissioner under this act, con- tinues to be such commissioner : 2. Every assistant judge so appointed shall, during the said Powers of. time, have and exercise all the powers and authority and per- assistant. form all the duties by law vested in or assigned to a judge of the court of which ho is appointed an assistant judge, as if he had been appointed a judge of such court, and shall reside at the place to be named for that purpose, from time to time, by the Governor ; and in case of the vacancy of the office of any Vacanciesr. such assistant judge, another may be appointed in his stead in like manner and with like effect. 20 V., c. 43, s. 2. 3. The said commissioners and secretaries shall hold their To hold office- offices during pleasure, and in cases of vacancy, the Governor "^^f °g pl^a- may appoint another or others to fill the same, and so on until the work is completed. 20 V., c. 43, s. 3. 4. The said commissioners shall reduce into one code, to Civil Code toi be called the Civil Code of Lower Canada, those provisions of ^^ framed, the laws of Lower Canada which relate to civil matters and are of a general and permanent character, whether they relate to commercial cases or to those of any other nature ; but they shall not include in the said code, any of the laws relating to the seigniorial or feudal tenure. 20 V., c. 43, s. 4. 5. The said commissionei's shall reduce into another code, And a Code to be called the Code of Civil Procedure of Lower Canada, ofCiyilPro- those provisions of the laws of Lower Canada which relate to procedure in civil matters and cases, and are of a general and permanent character. 20 V., c. 43, s. 5. 6. In framing the said codes, the said commissioners shall Codes must embody therein such provisions only as they hold to be then actuailaw^ actually in force, and they shall give the authorities on which they believe them to be so ; they may suggest such amend- Amendmmta. ments as they think desirable, but shall state such amendments "^^g^® ^^^' separately and distinctly, with the reasons on which they are founded. 20 V., c. 43, s. 6. 368 CODIFICATION OF THE LAWS OF LOWER CANADA. Form and ex- tent of the codes. 7. The said codes shall be framed upon the same general plan, and shall contain, as nearly as may be found convenient, the like amount of detail upon each subject, as the French codes known as the Code Civil, the Code de Goinmerce, and the Code de Frocddure Civile. 20 V., c. 43, s. 7. Commission- 8. The Commissioners shall, from time to time, report to the t^^h° ^f^°^^ Governor their proceedings and the progress of the work en- nor, and to ' trusted to them, and shall, in all matters not expressly provided act under his for by this act, be guided by the instructions they receive from the Governor ; and whenever they think any section or division of the work sufficiently advanced for the purpose, they shall cause the same to be printed, and transmit a sufficient number of printed copies thereof with their report to the Governor : instructions. Copies of the work may be submitted to the judges. 2. And, if the Governor in Council thinks it advisable, he shall cause one or more of such copies to be transmitted to each of the judges of the Court of Queen's Bench and Superior Court for Lower Canada, with a request that he will return the same, with his remarks thereon, by a day to be named in the letter containing such request. Ibid., s. 8. thereon. Judges to exa- 9. Each of the said judges shall examine the portion of the ™'°v *^b commissioners' work so submitted to him, and return the submitted same by the day named as aforesaid, with his remarks, and he and to report shall more especially examine carefully that part of the work purporting to state the law then in force, and report distinctly his opinion, whether the law as it then stands is correctly stated therein, and in what paragraph or paragraphs (if any) it is in- correctly stated, with his reasons and authorities, and a draft of the amendments which ought, in his opinion, to be made in such paragraph or paragraphs, in order that the law may be correctly stated therein. 20 V., c. 43, s. 9. Judges may suggest amendments. lO. The judges or any of them may, in their report on any portion of the said work referred to them, make suggestions for the amendment of the law contained in such portion, with the reasons on which such suggestions are founded. 20 V., c. 43, s. 10. Judges may confer with the commis- sioners before reporting. 11. At any time when any portion of the said work is before the judges for their report, they or any of them may confer with the commissioners or any of them, touching the same; and the commissioners shall, in any such conference, give all such information and explanation as it is in their power to afford and as the judges may require, relative to any statement of the law as it then stands, or any suggestion for its amendment, which the commissioners have made in such portion of their work as aforesaid. 20 V., c. 43, s. 1 1. Judges' re- ports to be communi- 12. The reports of the judges shall be communicated to the commissioners, who shall make such corrections in their work as they find advisable after having taken into consideration the CODIFICATION OF THE LAWS OF LOWER CANADA. S69 Teports and suggestions of the judges ; but if any of the judges cated to com- •do not send in their reports by the day named for thait purpose, ""^sioners. ithis shall not prevent the codes from being completed and sub- .mitted to the Legislature as hereinafter provided. Ibid., k 12. 13. The commissioners shall, from time to time, incbrpofate, Commission- with the proper; portions of the said codfeS, such aWen'dtoeiats "^pateamend- ■df the actual law, as the Governor in Council thinks it right to ments adopt- recommend for adoption by the Legislature, after considering ^^ ^y 9°'^- "the reports of the commissioners, and those of the judges, if CounoiL any; but such amendments shall be carefully distingtiished :from the actual law. Ibid., s. 13. 14. When the said codes, or either of them, are completed. Code com- with such amendments as last mentioned, printed copies thereof fafd^before* .and of the reports of the commissioners, and of the judges if the Legisia- .any, shall be laid before the Legislature, in order that such code *",^^: P"'"" or codes may be made law by enactment ; and if it is found thereon. advisable that either of the said codes be completed and sub- Civil Code to mitted to the Legislature before the other, the Civil Gode of fe^rencels to' Lower Canada shall be the first so completed and submitted : order of com- plitibn. 2. Either House may propose any amendments to either code, Am&6dnients, but such amendments shall be proposed by resolutions which thTLeSshi-^ inay be passed by one House and sent to the other for its con- tare. currence, and shall be subject to amendment by the other, and ■to be otherwise dealt with as a bill might be, until finally agreed to by both Houses, and shall then be communicated to the com- missioners, who shall, with all possible despatch, incorporate the substance of the Amendments so agreed to, with the proper code, which may then be passed as a bill, at the same or a'ny future session. Ibid., s. 14. 15. The said codes and the reports of the commissioners, Form of shall be framed and made in the French and English languages, P"nt"igi ^c. and the two texts, when printed, shall stated side by side. Ibid., s. 15. 16. Any two of the commissioners may make any report Two commis' •or do any other thing which the commissioners are hereby em- ^g"""^ ^^^ powered to do ; saving the right of the third commissioner, if So advised, to make a separate report or enter his 'dissent and the reasons thereof in the minutes of the proceedings of the Ootnmission. 20 V., c. 43, s. 16. 17. The commissioners shall be remunerated for their ser- Remunera- viees at such rate as the Governor in Council shall determine, m°g°ioner3™' not exceeding sixteen dollars per diem to each comnlissioner while employed in the performance of his diities, nor five thoU- satad dollars per annum to any commissioner; and the s^i'd And of sec- secretaries shall be remunerated for their services at such rate ^etanes. not exQeeding three thousand, four hundred dollars per annum, as the Governor in Council shall determine, but the said seere- 24 370 CIVIL CODE OF LOWER CANADA. taries shall give their whole time to the duties of their office. Ibid., s. 17. Provision if a 18, If any judge of the Court of Queen's Bench or Superior judge be ap- Court for Lower Canada is appointed such commissioner as ^g'^ommia-*'^ aforesaid, he shall, while acting as such, receive no remunera- sioner. tion as commissioner except the excess (if any) of the remunera- tion of a commissioner over his salary as judge ; and any assistant judge to be appointed to supply the place of any such judge while acting as commissioner, shall receive a salary to- be fixed by the Governor in Council, but not to exceed the highest salary of a puisn6 judge of the court to which he is; appointed ; so that the charge upon the Province shall not be increased by the appointment of a judge or judges as commis- sioners. Ibid., s. 18. Place of meeting, &c. Payment of remunera- tion, &c. Accounting clause. 19. The commissioners shall hold their meetings at such place as shall be appointed by the Governor, and the secretaries- shall keep minutes of the proceedings at such meetings. 20 V.,. c. 43, s. 19. 20. The remuneration to the commissioners and secretaries, with such expenses as may be incurred by them for travelling expenses, printing, stationery and other things necessary to the- due performance of their duties under this act, shall be paid by warrant of the Governor, out of the Consolidated Revenue- Fund, as shall also the rent of their place of meeting, if such place be not in any public building. Ibid., s. 20. 21. All moneys expended under this act, shall be accounted for to Her Majesty and to the Legislature, in the manner pro- vided by law. Ibid., s. 21. 29 VICTORIA, CHAPTER 41. (Canada.) An act respecting the Civil Code of Lower Canada. [Assented to I8th Septemher, 1865.] Preamble. X^THEREAS the commissioners appointed under the second ' ' chapter of the Consolidated Statutes for Lower Canada, to codify the laws of that division of the Province in civil' matters, have completed that portion of their work mentioned in the said act as the Civil Code of Lower Canada, embody- ing therein such provisions only as they hold to be now actu- ally in force, and giving the authorities on which they believe them to be so, and have suggested such amendments as they think desirable, stating such, amendments separately and dis- tinctly, with the reasons on which they are founded ; and have- in all respects complied with the requirements of the sait act as regards the said code and amendments ; and whereas th* CIVIL CODE OF LOWER CANADA. 371 said code with the amendments suggested by the said com- missioners, has, by command of the Governor, been laid before the Legislature, in order that the said code, with such amend- ments as may be adopted by the Legislature, may be made law by enactment ; and whereas such of the amendments sug- gested by the commissioners, and such other amendments, as. are mentioned in the resolutions contained in the schedule hereunto annexed, have been finally agreed to by both Houses •, Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Can- ada, enacts as follows : 1. The printed roll attested as that of the said Civil Code of Attested Lower Canada, under the signature of His Excellency the of Civil "code Governor General, that of the clerk of the Legislative Council, ofLowerCaB- and that of the clerk of the Legislative Assembly, and deposited ^ggj^e^^the in the office of the clerk of the Legislative Council, shall be original as to held to be the original thereof reported by the commissioners marginal as containing the existing law without amendment ; but ' the marginal notes, and the references to existing laws or authorities at the foot of the several articles of the said code, shall form no part thereof, and shall be held to have been inserted for convenience of reference only, and may be omitted or corrected. 2. The commissioners under the act mentioned in the pre- Amendments amble of this act, shall incorporate the amendments mentioned lorated by' in the resolutions contained in the schedule to this act with the commis- the said civil code as contained in the roll aforesaid, adapting sioners. their form and language (when necessary) to those of the said code, but without changing their effect, inserting them in their proper places, and striking out of the said code any part thereof inconsistent with the said amendments. 3. The Governor may also select any act and parts of acts Acts of pre- passed during the session now last past and the present ses- j|J"j ^'^e'esiotts^ sion, which he may deem it advisable to be incorporated with may also be the said code, and may cause them to be so incorporated by incorporated, the said commissioners, in the manner hereinbefore prescribed with respect to the amendments above mentioned, striking out of the cod© or amendments any part thereof inconsistent with the acts or parts of acts incorporated therewith. 4. The commissioners may alter the numbering of the wbateliaagea titles and articles of the said code or their order, if need be, *^® eommis- and make the necessary changes in any reference from one make. part of the code to another, and may correct any misprint or error whether of commission or omission, or any contradiction or ambiguity in the original roll, but without changing its effect. 5. So soon as the said work of incorporation and correction Reprinting of shall have been completed, the said commissioners shall cause ""^ ^^ 37S ClVIL CODE OF LOWER CANADA. 6nally cor- th6 code to be reprinted as amended and corrected, carefully rected. distinguishing in such reprint the substantive amendments and additions made in or to the original roll, aind shall submit the Deposit of s4me to the Governor, who may cause a correct printed roll a"to*margi-^ thereof, attested under his signature and countersigned by the nal notea, &c. Provincial Secretary, to be dej)0sited in the office of the clerk of the Legislative Council, which roll shall be held to be the original thereof ; any such marginal notes or refeirences thereon as are mentioned in section one, being held to form no part thereof, but to be inserted for convenience of reference only. Code to be C The Governor in Council may, after such deposit of the brought into roll last mentioned, declare by proclamation the day on, from cla^atiok?'^ ' ^^^ after which the said code, as contained in the said roll, shall come into force and have effect as law, by the designa- tion of " The Civil Code of Lower Canada," and upon, from and after such day the said code shall be in force accordirigly. How to be '7. The laws relating to the distribution of the printed copies distributed, of the Statutes shall not apply to the said code, which shall be distributed in such numbers and to such persons only as the Governor in Council may direct. This act aud 8. This act, and the proclamation mentioned in section six, the proclama- shall be printed with the copies of the said code printed for printftd with distribution as aforesaid. tlie code. Inconsistsat 9. So much of the act cited in the preamble as may be in- onactmeatB consistent with this act is hereby repealed, repealed. -^ ^ Note. — As the Civil Code is not reprinted in this volume, the resolutions containing the amendments to the code by this chapter are omitted. The following articles of the said code, as amended by legis- lation, are consolidated in Title XII of the Revised Statutes of Quebec, viz : 2, 3, 4, 5, 10, 17, 26, 42, 44, 45, 47, 48, 49, 210, 304, 339, 343, 347, 365, 368, 871, 428, 945, 1162,1207, 1208, 1209, 1231,1265, 1336, 1543, 1565, 1669, 1690, 1815, 1816, 1971, 1994, 1998, 2005, 2033, 2042, 2084, 2098, 2137, 2160, 2172, 2175, 2179, 2219, 2260, 2272. The other articles of the said code reinain in force. LA,NDS IN FBEE AND COMMON SOCCAGE. 373 1. R^AL PROPERTY AND RIGHTS. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 35. An, act respecting lands held in free and common soccage, and the transmission and conveyance thereof. TTER MAJESTY, by and with the advice and consent of the J-*- Legislative Council and Assembly of Canada, enacts as follows: 1. The act passed by the Legislative Council and Assembly Act of L. 0. of Lower Canada, in the ninth year of the Reign of King George ^ ^- ^' ^•.'''' the Fourth, and intituled : An Act for rendering valid convey- force.' ances of lands and, other immovable property held in free amd Qommon soccage within the Province of Lower Canada, and for other purposes therein mentioned, and the Royal assent whereto was signifiLed by proclamation in the said Province on the first day of September, one thousand eight hundred and thirty- one, is hereby declared to have been, since the passing thereof, that is to say, upon and after the day last aforesaid, in force in Lower Canada. 20 V., c. 45, s. 1. 2. The word "lands," in this act, shall include any im- Words movable property or hereditament capable of being held in ',i l'*"'|^''„' free and common soccage, and any estate or interest therein ; "hypoihec" the word "deed" shall include any instrument by which or "charge," any lauds can be conveyed, hypothecated or incumbered by te°rpreted* ^"* the laws of Lower Canada ; and the \yord " hypothec "or ■ - " charge," shall include the privilege of bailleur de fonds and all other privileged or hypothecary charges. 20 V., c. 45, s. 6. 3. AH grants, bargains, sales, enfeoffments, alienations, gifts. All convey- exchanges, disposals, descents, devises, inheritance, right of ^'^°^^°* dower, or other alienation or conveyance whatsoever, by or m irBmovabie virtue of which any person or pprsons whosoever are or shall P'operty held b^ the proprietor or possessor of, or lay claim to be the pro- oomnion so?- prietor and possessor of any lands or other immovable prop- cag? executed erly, granted in free and common soccage within Lower Can- gep''t*^3i ada,, and which may have been made and executed prior to to. bo gpoii. tli,e fi^st day of September, one thousand eight hundred and th(?uI^''At thirty-one, for the transfer, alienation, and conveyance of any execute^ ae- suph knds or other immovable property, though not made and !'°'"'^'^K^.° execute(i according to ihie rules and restrictions established by iaad° °^" the law of England in reference to such grants, biargains, sales, enfeoffinents, alienatipns, gifts, exchanges, disposEils, descents, devises, inheritance, right of dower or other conveyances, sjjall 374 LANDS IN FREE AND COMMON SOCCAGE. be and are hereby declared to be as valid in law, to all intents, as if they and each and every of them had been made and executed in conformity to such rules and restrictions as afore- said, and that as fully as if the said rules and restrictions of the law of England had never been in force, or had not been de- clared to govern and affect the transfer, alienation and convey- ance of lands or other immovable property so held in free and Proviso. common soccage ; provided such grants, bargains, sales, en- feoffments, alienations, gifts, exchanges, disposals, descents, devises, inheritance, right of dower or other conveyances, and each and every of them, respectively, were at the time of mak- ing and executing the same, suflScient to operate as such grants, bargains, sales, enfeoffments, alienations, gifts, exchanges, disposals, descents, devises, inheritance, right of dower or other conveyances, under any law or usage in force in Lower Can- ada at the time of making and executing the same. 9 G. 4, c. 77, s. 1. All convey- ances ex- ecuted since 1st Sept. , 1831, accord- ing to laws of England or of Lower Can- ada, to be valid. 4. All grants, barg-ains, sales, enfeoffments, alienations, gifts, exchanges, disposals, devises, or other conveyances of any lands or other immovable property, holden in free and common soccage, within Lower Canada, and duly made and executed upon or after the said first day of September, one thousand eight hundred and thirty-one, either upon and under such rules and restrictions as are by the law of England established and in force in reference to such grants, bargains, sales, enfeoff- ments, alienations, gifts, exchanges, disposals, devises, or other conveyances, or by deed or instrument in writing, duly made and executed by and before two notaries public, or by and before one notary and two witnesses, according to the laws and usages of Lower Canada, shall be equally valid in law. 9 G. 4, c. 77, s. 2. Hypothecs and mort- gages onsucli lands created feefore 1st Sept., 1831, according to laws of Lower xtemda. 18 v., c. 3, s. 1. 378 ABOXJTION OF FEUDAL EIGHTS AND DUTIES. • Granting of ■lettres de ter- rier vested in the Governor. Right of sei- :-gniors to ob- tain them abolished. ^8 G. 3, c repealed. 6, 2. The power of granting des lettres de terrier, within Lower Canada, in cases (if any) where such lettres can by law be granted, is vested in the Grovemor, or person administering the Government of this Province, for the time being, as represent- ing the Queen's Most Excellent Majesty : 48 G. 3, c. 6, s. 1. 2. But the right of seigniors in Lower Canada to obtain lettres de terrier in or for any seigniory to which this act ex- tends, is abolished, and the act of the Legislature of Lower Canada, passed in the forty-eighth year of the reign of King George the Third, and intituled : An act which decla/res in whom is vested the power of granting des lettres de terrier in this Province, is repealed, in so far as regards every such seigniory. 18 V., c. 103, s. 2. DETERMINATION OF THE PRICE TO BE PAID BY SEIGNIOR AND CENSITAIRE FOR THE COMMUTATION OF THE TENURE OF THEIR PROPERTY. •Governor to .appoint com- -.missioners. 3. The Governor may appoint commissioners under this act, and from time to time remove tliem, and appoint others in the place of any so removed, or dying or resigning office ; and each of the said commissioners shall, before entering upon the duties of his office, take and subscribe, before a judge of the Superior Court, the following oath : "Their oath of " I, , swoar that I will faithfully and without office. partiality, fear, favor or afTecfcion, perform my duty as com- missioner under the Seis:niorial Act." 18 V., c. 3, s. 2. Their remu- ineratiou. "Governor to -assign sei- gniories in which each shall act. 4. The said commissioners shall receive, for their services and for their necessary expenses and disbursements,' such com- pensation as shall be allowed to them respectively by the Gov- ernor, and no other fees or emolumentis. 18 V., c. 3, s. 3. 5. Each of the said commissioners shall and may act as such in any part of Lower Canada, and they shall be aiding to each other, so that any one of them, if need be, may continue and complete the work begun by any other of them ; but subject to this provision the Governor may, from time to time, assign the seigniory or seigniories in and for which each of them shall act. 18 V., c. 3, s. 4 'Certain pow- ers of the commission- ers defined. 6. Any one of the said commissioners may give any notice required by any part of this act, with respect to any seigniory or seigniories, and another or others of them may afterwards act in any way under this act with respect to such seigniory or seigniories ; and generally, each commissioner acting with respect to any seigniory, shall be held to be the commissioner assigned to act in and for the same under the next preceding section, unless the Governor has then otherwise directed and ordered. 18 V., c. 103, s. 6. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 379 V. It shall be the duty o£ each of the said commissioners to Oommission- value the several rights hereinafter mentioned, with regard to gchedu™*o/ *^ each seigniory assigned to him by the Governor, and to draw each sei- tip in tabular form, in duplicate, a schedule of such seigniory, S'^ioryi :shewing : 22 V. (1859), c. 48, s. 2. ^'^^^'"^- 1. The total value of the seigniory, that is to say, of all the The total property and lucrative rights which the seignior holds as such, Jeigniory ■ whether as seignior dominant of any fief held of him as such seignior, or otherwise, including, in such total value, the value of the rights of the Crown ; ^& 2. The value of the rights of the Crown in the seigniory. The value of including the value of the droit de quint, and all other valu- ^^ riglits of able rights of the Crown therein as seignior dominant, or by therein ; reason of any reservation in the original grant of the seigniory, . and any difference betwe'en the absolute value in franc-alleu roturier of all unconceded land, waters and water-powers in the seigniory, and appertaining thereto, and the value of the seignior's rights therein, as they have been ascertained by the decisions of the judges, under the Seigniorial Act of 1854 ; 3. The value of the lucrative rights of the seignior dominant. And of those of whom the seigniory for which the schedule is made may °'„*o^ domi- be held, if the seigniory be an arri^re-fief. nant; 4. The yearly value of the seigniorial rights upon each land, The yearly that is to say, each parcel of land originally conceded as a Je^^gniorial separate lot, or actually owned at the time of making the sche- rights on dule . hy a separate person ; entering severally — the yearly ^f'f^ separate value of the lods et vent.es, — the yearly value (if any) of the ' ^roit de ba.nalitS, and of the exclusive right to build mills in the seigniory, as distinguished from the right to the waters powers, so far as such rights are recognized bj'' the decision of the judges under the Seigniorial Act of 1 854, but not other- wise, — the yearly value of the cens et rentes and other fixed rights, and of any other legal charges to which the land is subject ; but the droit de retrait shall not be deemed lucrative right; 5. The extent of such land, according to the title of the The extent of owner, if produced, and whether it is held for agricultural pur- ^^'^^ ^°*- poses, or is a mere emplacement or building lot ; 6. In determining the seigniorial charges to which each land How the is subject, the commissioner shall be guided by the title of the g^p^^jot°g^all owner from the seignior, subject to the decision of the judges be deter- under the said Seigniorial Act of 1854, if such decision in any mined. way limits the rights of the seignior under the said title ; and in the absence of the title of the . owner, the commissioner shall determine the extent of the land and the seigniorial charges to which it is subject, by such books, plans, proces-ver- baux, or other secondary evidence as he is able to procure ; 7. Each land shall be described in the schedule by the num- How lots to her, and concession, under which it stands in the land-roll of ^^ described 3S0 ABOLITION OF FEUDAL EIGHTS ANP BUTIES. '■J. thg sijlj^e- th-§ seigJoior (or if it beOjr no suph description therein, then by " ^' tija.^ best; brief designation, the commissioner can assign tQ it) and the name of the owner as it appears on the, land- roll, and ip default of infprination on any of the said points, the comn^ij- sioner may describe it in such manner as h,e things most convenient ; provided he assigns to each land a separate and distinct number ; Entry of §. 'J'lie commissioner shall also include in the sched.\jJ|i ^11 laS?" * lajiads in regard to which the seigniorial rights have been cobj- muted, arid write opposite thereto the word " commuted " only. 18 v., c. 3, s. 5. Ocqijjiier to S. For the purposes of this act, every person occupying or be deeined possessing any land in any seigniory with the permission of proprietor for f, .*'.•■'„ 1,1 ■ ■ 1 ■ ■ i the purposes the seigmor, or from whom the seignior has received rentes of this act. or other seigniorial dues in respect of such land, shall be held to be the proprietor thereof as censitaire. 18 V., c. 103, s. 11. What shall be 9. For the purpose of making the schedule of any seigniory, the bound-^^ the boundaries thereof shall be deemed to be those actually aries. possessed by the seignior, although all or any part thereof may be in dispute. 19-20 V., c. 53, s. 16, Rules for va- lO. In Order to determine the value of the seigniorial rights luation. Qjj lands held en roture, the commissioner shall observe the following rules, namely : Cens et rentes 1. The amount of the cens et rentes and annual charges shall ch'^rBes "''^ be taken as the yearly value thereof ; and if any of such" renlts or charges be payable in grain, fowls or other previsions or fruits of the earth, their average value shall be computed ac- cording to the average price of articles of the same kind, taken from the books of the merchants nearest to the place, or ascer- tained in any other manner the commissioner thinks mt^t Average year. equitBjble ; — to establish such average year, the fourteen years immediately preceding the period at which the valuation |s made shall be taken, the two highest and the two lowest sh^|l be struck out, and the average year shall be established on the ten remaining years ; the value of personal labour (corvSes) shall be estimated in the same manner ; Casual rights. 2. Except in the case hereinafter mentioned, — in or,der to establish the yearly value of the casual rights, an average yeaf of their value shall be computed for each of the two classes of lands hereinafter mentioned, upon the ten years immediately preceding the eighteenth day of December, one thousand ei^t hundred and fifty -four, and the amount of the valuation ofw said average year shall be the yearly value of the said c^su^m Value of lods rights for all the lands iii the seigniory of the same class ; al^d agricuUural ^^^ commissioner, in estimating the yearly value of the lo^is^ lands and on ventes in any seigniory, shall distinguish those accruing on J','?'''l'"Slo'5 lands held as emplacements or building lots, or for other ftan to be UlStlU- •' l'i_ 1 T .'i 1 n r. i "p ' ,'l' guished. agncuipurai purposes, which spall form one cla,ss, iromthose.ffll ABOLITION OF FEUDAL ElGHTfe AND DUTIES. 381 lands held for agricultural purposes, which shall form another class ; and the commissioner shall apportion the yearly value of the lods et vetites on each class, upon the lands belonging to that class, charging each land with a portion thereof projportionate to its value with regard to lands held as efnpldcements or building lots, or for other than agricultural purposes, and pro- portionate to its extent with regard to lands held for agricul- tural purposes ; and any rente expressly charged in any deed of partial comlnutatioh under the acts hereby repealed, as ah indemnity to be paid by the censitaire instead of tods et ventes, shall be held to represent the value of the right to lods et ven- tes on the land referred to, and shall be entered and dealt with in all respects accordingly ; provided, always, that whenever Discretionary the rule prescribed by this subsection for determining the commia° yearly value of any casual rights cannot be applied in aiiy sioner. Seigniory, the commissioner shall himself adopt some other equitable mode of estimating such yearly value ; This proviso is 19-20 v., c. 53, s. 1. 3. In order to establish the yearly value of the droit de ha- Droit de ba- naUte and the exclusive right of having mills in the: seigniory "" ' (independently of the right to the water-power), so far as such rights have been recognized by the judges under the Seignio- rial Act of 1854, the commissioner shall estimate the probable decrease (if any) in the net yearly income of the seignior from his mills, to arise from the loss of such right, and the said sum shall be deemed the yearly value of such right, and shall be apportioned upon the lands subject to the said right in propor- tion to their extent ; 4. Any other rights shall be valued according to the revenue Other rights. or profits which may have accrued therefrom, to be ascertained by the commissioner in such manner as he deems most equita- ble, and shall be charged upon the lands subject thereto re- spectively ; 5. The yearly value of each class of rights upon each land Yearly value shall become a rente constituee charged upon the same as the bec"m''e*l*° compensation payable to the seignior thereof, and the total rente consti- amount of such rentes constitutes on any land, after ther deduc- \'^^^°- ^"''^^ tion to be made therefrom as hereinafter provided, shall be payable to the seignior yearly, at the time and place where the cens et rentes on such land were payable at the time of the passing of the said Sejgniorial Act of 1854, unless it be other^ wise agreed between the seignior and the censitaire, and shall accrue from the day on which notice of the deposit of the schedule of the seigniory shall be given in the Canada Gazette, on which day the present cens et rentes and other annual char- ges upon the land shall cease to accrue ; and both they and the rentes constituees under this act shall accrue rateably for any broken period less than a year, during which they exist ; 6. The value of the rights of the seignior domimant in any vaiue of 'arri^re-iief shall form the capital of a rente c&ristitude payable ^M"^^ ^^^f' ytearly by tlie seignior of the Orrikre-Jief, on the day of thtediite ^ 382 ABOLITION OF FEUDAL EIGHTS AND DUTIES. nant to be the of the publication in the Canada Gazette of the notice of the> 'rmte^consti- ^l^posit of the Schedule of such arrihre-fief, and accruing from tuie. the day of such publication ; but out of the moneys coming to- the seignior of the arriere-fief, from the provincial aid herein- after mentioned, a sum bearing the same proportion to the whole of such moneys as the value of the rights of the seignior domvnant in such a/rri^re-jlef bears to the value set upon the seigniorial rights of the seignior servant in such arriere-fief^ shall belong to the seignior dominant, and his said reiUe constituee shall be diminished by the amount of the yearly interest at six per cent per annum, of the sum so coming to- him out of the said provincial aid. 18 V., c. 3, s. 6, except sub- section 7. Casual rights of the Crown, how to be es- timated. 11. In estimating the casual rigltts of the Crown in the sev- eral seigniories in Lower Canada, tl^e commissioners shall establish the average yearly revenue of the Crown arising from these rights throughout Lower Canada, and such average yearly revenue shall be taken as representing the interest at six per cent of a capital sum to be apportioned among all the sei- gniories liable to the payment of quint, in proportion to their- value ; the amount apportioned to each seigniory shall repre- sent the rights of the Crown therein, and shall be deducted from the amount to be paid by the censitaires for the redemption of the casual rights of the seignior. 19-20 V., c. 53, s. 3. PROCEEDINGS OF AND BEFORE THE COMMISSIONERS, AND THEIK POWERS FOR MAKING THE SCHEDULES. Notice of commence- ment of sche- dule to be given by the commis- sioner. ay ou all lands for purposes of inquiry. Powers of commission- ers for ob- taining information. 12. Before beginning to prepare the schedule for any sei- gniory, some one of the commissioners shall give public notice of the place, day and hour at which the inquiry will be com- menced ; and such notice shall be made by placards and public- ations in the English and French languages, at the door of every parish church in such seigniory, during four consecutive Sun- days at the conclusion of Divine Service in the forenoon, or by placards in both languages, posted during four consecutive weeks, in the most frequented place in any seigniory in which there is no church. 18 V., c. 3, s. 7,-18 V., c. 103, s. 6. IS. The commissioner may enter upon all lands situate in the seigniory, the schedule whereof is to be made in whole or in part by him, in order to made such examination thereof as, may be necessary, without his being subject in respect thereof to any obstruction or prosecution, and with the right to com- mand the assistance of all justices, peace officers and others in order to enter and make such examination, in case of oppo- sition. 18 v., c. 3, s. 8. 14. The said commissioners, and each of them separately, shall have full power and authority to examine on oath any person who appears before them, or any of them, either as a. party interested or as a witness, and to summon before them. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 383 or any of them, all persons whom they or any o£ them deem it expedient to examine upon the matters subject to their consi- deration, and the facts which they may require to ascertain in order to carry this act into effect, and to require any such per- son to bring w^ith him and produce before them, or any of them, any book, paper, plan, instrument, document or thing mentioned in such summons, and necessary for the purposes of this act : 2. And if any person so summoned refuses or neglects to Persons refas- appear before them, or before the commissioner who has sum- ingtoap- moned him, or appearing, refuses to answer any lawful iwer. question put to him, or to produce any such book, paper, plan, instrument, document or thing whatsoever which is in his pos- session, and which he has been required by such summons to bring with him or to produce, such person shall, for every such refusal or neglect, incur a penalty of not less than forty nor more than two hundred dollars, payable to Her Majesty, to be recovered with costs upon summary plaint by such commissioner before any judge of the Superior or Circuit Court, and in default of immediate payment shall, by warrant of such judge, be apprehended and committed to the common gaol of the district for a period not exceeding one month. 18 V., c. 3, s. 9. 1«5. The commissioner making the schedule of any seigniory Commis- shall have full power, either by himself or any person author- sioner may ized by him, to inspect the repertory of any notary, whenever ,ieitoiy of he thinks such inspection desirable for obtaining information any notary- to ensure the greater correctness of the schedule, such inspec- tion being demanded and made at reasonable hours and on juri- dical days ; and any notary refusing to allow such inspection shall thereby incur a penalty of four hundred dollars ; and for ea.ch such inspection the notary shall be entitled to one dollar for each hour it shall continue ; provided, that whenever any such inspection is demanded by any seignior, it shall be made at his expense. 19-20 V., c. 53, s. 15. 16. Any person who in any manner interrupts, obstructs. Penalty oi impedes or molests a commissioner under this act, or any per- PtractTng''* son acting under his instructions, in the execution of his duty commis- in any matter connected with the carrying into effect of this eioner. act, or in any manner deters, prevents or hinders by force, threats or otherwise, any such commissioner or person acting under his instructions, from performing any duties assigned to him, shall be liable to be imprisoned for every such offence for a period not exceeding two months ; and it shall be lawful for any one justice of the peace to commit any person convicted before him on the oath of one credible witness of any such offence ; and no conviction, order, warrant or other matter made or purporting to be made under this act, shall be quashed for want of form, or be removed, by certiorari or otherwise, into any of Her Majesty's courts of record for want of such form. 18 v., c. 103, s. i2. 384 ABOLITION OF FEUDAL RIGHTS ANB DUTIES. Provisions a-elative to experts re- pealed. 17. All the provisions relative to the appointment of experts', contained in the tenth section of the Seigniorial Act of 1854, or in any other section of the said act, were repealed by the act 19-20 v., c. 53 ; and in all seigniories in which there have been requisitions for of appointments of experts, the commis- sioners shall act in every respect as though there had been no such requisition for or appointment of experts. 19-20 V., c. 53, s. 4. Notice that schedule is ready for in- 'gpection. 18. The commissioners, immediately after the making of the schedule of a seigniory, shall give eight days' public notice in the manner prescribed by the twelfth section of this act, that such schedule will remain open for the inspection of the sei- gnior and the censitavres of the seigniory during the thirty days following the said notice, in some convenient place in the sei- gniory, in charge of some fit and proper person, and the name of such person and the place of deposit shall be indicated in such Correction of notice ; and any person interested in the schedule may point errors. q^^ Jq -writing, addressed to the commissioner and left with the person in charge of the schedule, any error or omission therein, and require that the same be corrected or supplied ; and at the expiration of the said thirty days it shall be the duty of the commissioner to be present at the place indicated in such notice, and to examine into and decide upon the objections made in writing as aforesaid. 18 V., c. 3, s. 11, — 19-20 V., c. 53, s. 5. REVISION OF THE SCHEDULES. Four com- missioners appointed to revise sche- dules. Two may decide. They may require evi- dence. No commis- sioner to re- vise big own schedule. lO. The Governor may, by letter under the signature of the Provincial Secretary, select from the commissioners so appointed as aforesaid, four of their number, of whom any three shall foriQ a court for the revision of schedules made under this act, and may, in like manner, from time to time remove them aiid appoint others in the place of any so removed, dying, resigning office or being incapacitated to act : 2. The decision of any two of the commissioners so selected, whether the others be pi-esent or hot, on any matter relating to the revision of any schedule made under this act, shall be final'; 3. In making such revision, the commissioners shall proceed summarily, but they may order any evidence to be adduced which they think requisite to enable them to pronounce a correct decision, and for that purpose shall have the same powers as in making a schedule. 20. No commissioner so selected shall sit in revision of any schedule finally completed by hiin, but this provision shall not apply to the commissioner or commissioners who have taken any of the proceedings preliminary to the completion of the schedule. 18 V., c. 3, s. 11, par. 4, as amertded by 19-20 V., c; 53, s. 6. ABOLITION OF FEUDAL EIGHTS AND DUTIES. 385 21. No revision of any schedule shall be allowed, unless Whenoniva application be made for the same within fifteen days after the r'^all'^wed '' commissioner has given his decision, as provided for by the eighteenth section of this act ; and every such application shall be made by a petition presented, on behalf of the party inter- ested, to the revising commissioners or any one of them, spe- cifying the objections made to such schedule. 19-20 V., c. 63, s. 8. 22. Upon the receipt of any such petition, it shall be the Upon petition duty of the revising commissioners, after bavins: eiven eieht fF^ notice ,•',,.,,, ° ... , , 1 • ,1 ° ° .Pi the revision •days notice to the parties interested, m the manner prescribed to be made. by the twelfth section of this act, to proceed to revise the sche- dule therein mentioned, and for that purpose, to hear, try and •determine the matters alleged in the said petition ; the pro- ceedings upon such revision shall be kept of record, and if the ■commissioners find any error, they shall correct the same. 19- 20 v., c. 53, s. 8. 23. The said court of revision may award and tax costs Costs against Against any party who in their opinion has demanded or opposed souabu de!*" the revision of the schedule without reasonable cause, and such manding re- costs may be recovered on the certificate of any one of the said ^'^i""- commissioners as a debt due by the party against whom they have been awarded, to the party in whose favour they have been taxed. 18 V., c. 3, s. 12, par. 7. 24. The commissioners selected to form a court for the Where revis- revision of the schedules shall sit at Montreal for the seigniories ™s commis- in the districts of Montreal and Ottawa ; at Three Rivers for perform their those in the district of Three Rivers ; at Quebec for those in duties. the district of Quebec ; at Kamouraska for those in the district of Kamouraska ; and at New Carlisle for those in the district of Gaspe ; but any petitition for the revision of a schedule may be presented to the revising commissioners, or any one of them, in any district : 19-20 V., c. 53, s. 9. 2. For the purposes of this act, the districts of Montreal, Districts- Ottawa, Three Rivers, Quebec, Kamouraska and Gasp6, therein ^Yd^f °^ti' referred to, shall be the old districts as constituted and bounded purposes of when the said Seigniorial Act of 1854 was passed, notwith- this act. standing any subsequent redivision of Lower Canada into ^Jistricts ; — and the word " district," in the Seigniorial Act of 1854, and the acts amending it and this act, shall always be understood as meaning one of the said districts as so constituted and bounded. 22 V. (1859), c. 48, s. 24. DEPOSIT OF THE SCHEDULES AND ITS EFFECT. 25. As soon as the schedule or schedules of any seigniory Schedules ■or seigniories is or are respectively completed, the commission- ^^J^i^l ^Uo- crs, or any one or more of them, shall make one full and com- gether, or plete duplicate of each such schedule, and shall deposit the *°y number 25 386 ABOLITION OF FEUDAL RIGHTS AND DUTIES. at once, — as the commis- sioners aee fit. same in the office of the Prothonotary of the Superior Court of the district of Montreal, Three Rivers, Quebec, Gaspe, Ottawa,, or Kamouraska, according as the seigniory to which each such schedule relates is situate within either of the above mentioned districts, as they existed at the time of the said Seigniorial Act- of 1854, — or if such seigniory is situate in two districts, then in the office of the Prothonotary of the said court for that dis- trict in which the greater part of such seigniory is situate ; — and the other duplicate of each such schedule shall be depos- ited in the office of the Commissioner of Crown Lands, as shall also all plans and maps and other like documents prepared under the direction of the said commissioners, or which have- come into their hands as such commissioners ; 2. And any one or more or all the said schedules may he deposited at the same time, and the deposit thereof may he- notified at the same time, as the commissioners see lit. 22 V. (1869), c. 48, s. 2,-23 V., c. 59, s. 28. 26. The said commissioners, or any one or more of them„ shall also make triplicate abridged schedules, containing true and faithful extracts from the schedules so deposited in the offices of the said Prothonotaries, under the following columns- or headings, that is to say : 1st. Number of reference in the schedule ; 2nd. Name of the censitai/re ; 3rd. Extent or contents of each land or emplacement ; 4th. Rentes constitutes to be paid by each censvtavre under the provisions of this act, that is to say, the amount estabhshed under this act to be paid in lieu of all seigniorial rights or dues,, entering the rentes constitutes representing lods et ventes and. casual dues, and those representing cens et rentes, in two sepa- rate columns. 22 V. (1859), c. 48, s. 3. How the said 2T. One of such triplicate abridged schedules shall be deliv- ^h^iV be'd^s- ^^^^ °^ demand to the seignior of the seigniory to wjiich the posed of, and abridged schedule so demanded relates (in lieu of the copy of their effect, the schedule which, under the Seigniorial Act of 1854, was to have been furnished him by the Prothonotary), — another shall be deposited with the Receiver General of this Province, — and the third shall be deposited in the office of the Prothonotary Copies and with whom the schedule is deposited, who may deliver ^^gj^'^*^ ^™™ extracts from the schedule or from the abridged schedule, or copies of either, which shall be primd facie evidence of the facts therein stated ; — and the commissioners, or any one or more of them, may also deliver any number of certified copies of the abridged schedules, so long as one of the said triplicates remains in their hands. 22 V. (1859), c. 48, s. 4. Abridged schedules to be made in triplicate for certain pur- poses. What they shall contain. 28. So soon as and whenever the said commissioners or one Notice of de- Suies. or more of them has made and deposited in the office of the ABOLITION OF FEUDAL EIGHTS AND DUTIES. 387 Prothonotary of the Superior Court of any. one or more of the above mentioned districts of Montreal, Three Rivers, Quebec, Ottawa, Kamouraska and Gaspe, as above provided, one full and complete duplicate of the schedule of any seigniory or seigniories, — the said commissioners, or any one or more of them, shall give public notice of the deposit thereof, in the terms of the Form A, annexed to this act, or in other terms of the like Form, import, in the English and French languages, in the Canada Gazette, or other newspaper recognized as the Official Gazette of this Province : Ibid., s. 5. 2. The Prothonotary of the Superior Court shall furnish Piothonota- copies or extracts from each such schedule or abridged schedule, ries to furnish duly certified in the usual form, to any person applying for tract^fee^' the same, upon the payment of five cents for every hundred words or figures in any such copy or extract ; and all such Copies or ex- copies or extracts, whether in words or figures, and also the t™^'^ to be triplicate of the abridged schedule directed by this act to be furnished to each seignior by the commissioners, shall be deemed authentic, and shall serve as prvmd facie evidence of all matters therein set forth. Ibid., s. 6. 29. After any schedule has been completed and deposited Schedules, under, this act, it shall not be impeached or its effect impaired pie^."^and for any informality, error or defect in any prior proceeding in deposited, not relation to it, or in anything required by this or any other act *° ^i S'ftcT- to be done before it was so completed and deposited, but all peached for such prior proceedings and things shall be held to have been »ny error or rightly and formally had and done, unless the contrary expressly ^ ^^ ' appear on the face of such schedule ; and the same rule shall apply to all proceedings of the commissioners under this act, so that no one of them, when completed, shall be impeached or questioned for any informality, error or defect in any previous proceeding, or in anything theretofore done or omitted to be done by the commissioners or any of them. 18 V., c. 103, s. 10. EARLIER ABOLITION BY NOTICE THAT THE SCHEDULE IS PREPARED AND MADE. 33. And in order to provide for the earlier abolition of feudal Notice tbat rights and dues, — whenever the schedule of any seigniory is ■^''^ad'e^f^r * prepared and made, although still subject to revision, any one any seigniory of the seigniorial commissioners shall, within two months from ^^th certain the nineteenth day of May, 1860, with regard to any schedule Kve the prepared and made before that day, or within two months from effect of the preparing and making of any schedule prepared and made ge'^gjfioJ.^ft after that day, give notice thereof in the Canada Gazette, rights. stating that such schedule is prepared and made, and stating also— the total value of the lods et ventes in such seigniory, — the total value of the droit de banalitd, and the total value of all other casual seigniorial dues, — as shown by the said schedule ; 388 ABOLITION OF FEUDAL RIGHTS AND DUTIES. — and also the value which has been therein put upon each article in which any rents or charges were payable to the seignior, as grain, fowls, and other provisions or fruits of the earth or articles of any kind, — or upon any corv^. or feudal service of any kind : 'Commutation 2. And from and after the publication of such notice, with «f tenure respect to any seigniory, every censitai/re therein shall, by notice. virtue thereof, hold his land in franc-alleu roturier, free and clear of all seigniorial rights and dues, except the rente consti- tute substituted for the cens et rentes ; and the seignior shall thereafter hold his domain, and the unconceded lands in such seigniory, and all water-powe^rs and real, estate then belonging to him, in franc-alleu roturier ; — so that, as regards the aboh- tion of all feudal and seigniorial rights and dues, and the pay- ment of the rentes constitutes, at the rates fixed by this act and the said schedule, instead of the cens et rentes, the said notice shall have the same effect as the deposit of the schedule would liave ; Such notice 3. But such notice shall not prevent or aifect any revision or ve'tr v''^" application for revision of the said schedule ; and if the rates of 'the Bche- fixed by the said schedule, or any of them, should be corrected ^"•e ; in consequence of such revision, the rentes constitutes payable under the schedule shall thereafter be corrected, and' payable according to the result of such revision ; and any censitavre who has paid any such rente constitute, according to the sche- dule before correction, shall pay to the seignior or receive back from him the difference between, the rente he has paid and the corrected rente, according as the correction increases or dimin- ishes such rente ; Nor the effect 4. Provided, that if a notice is not given under this section of the final with respect to any seigniory, this shall not prevent the aboli- chedule" * ifio"! o^ ^^^ seigniorial and feudal rights and dues therein, by the deposit of the schedule in the manner provided by this act and the notice of such deposit ; — nor shall any notice given under this section prevent the effect of such deposit of the schedule of the same seigniory, and the notice thereof, as re- gards the effects of such deposit and notice, other than those . provided for in this section ; Proviso: if 5. And if any seigniorial commissioner fails to give the the commia- above mentioned notice within the said delay of two months, neglect to it shall be given by any seigniorial commissioner within such give the time as the Governor may fix and determine by order in coun- notice. ^jj 23 v., c. 60, s. 13. Act not to 6. Nothing in this preceding section contained shall be in- affect the sei- ^erpreted as interfering or doing away with the rights or priv- gnior's rights .. ^ „ • • " -xi ° i ^ n ° c i with respect lieges 01 any seignior, with regard to all arrears oi cens et to arrears. rentes. Or any seigniorial dues which may be due to him at the date of the giving of the above mentioned notice, and for the recovery of which he shall have all the rights and privileges secured to him by this act. 23 V., c. 60, s. 14. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 389 DECISIONS OF THE SEIGNIORIAL COURT — THEIR EFFECT. 34. The decision pronounced by the judges of the Court of Decisions of Queen's Bench and Superior Court for Lower Canada on each ^^f Seigni- of the questions and propositions submitted to them under the guide the"^ provisions of the sixteenth section of the Seigniorial Act of commie- 1854, shall guide the commissioners and the Attorney General, ^'°°^^'^- and shall in any actual case arising be held to have been a judgment in appeal en dernier ressort on the point raised by such question, in a like case, though between other parties. 18 v., c. 3, s. 16, par. 9. 35. In any case in which, by reason of an equal division, no in cases in judgment was rendered by the said judges on any question to y'"<=*' ^° them submitted under the provisions of the sixteenth section rendered, of the Seigniorial Act of 1854, the commissioner making the cpmmis- schedule shall, in any case to which such question refers, decide dde^ccord^-" it in such manner as he shall think most equitable under the ing to equity. circumstances, saving the right of the court for the revision of schedules, to pronounce a final decision on such question or questions, and to amend such schedule according to such de- cision, if need shall be. 19-20 V., c. 53, s. 14. PROVINCIAL APPROPRIATION FOR RELIEF OF CENSITAIRES AND EXPENSES UNDER THIS ACT. 36. The emoluments and disbursements of the said com- Expenses »n- missioners, with the expenses to be incurred under this act and ^o^^^a^;^'''' the Seigniorial Acts of 1854, 1855, 1856 and 1859, shall be paid out of the Consolidated Revenue Fund of this Province, by warrant of the Governor ; and a sum not exceeding in the whole what will remain of the amount hereinafter limited after ' deducting therefrom the said emoluments, disbursements and expenses, may likewise be paid out of the said fund for the purposes of this act and the acts aforesaid ; and the Governor Money may in Council may, under this section, cause' any sum or sums not ^®(''"r'^ ^^ exceeding in the whole (with any sums already raised under the said act of 1854) the sum hereinafter limited, to be raised by debentures to be issued on the credit of the said Consol- idated Revenue Fund, in such form, bearing such rate of interest, and the principal and interest whereof shall be payable out of the said fund at such times and places as the Governor in Council thinks most advantageous for the public interest ; and the moneys so raised as aforesaid shall make part of the said Consolidated Revenue Fund of this Province : 2. Provided, always, that the total amount of moneys to be Proviso : to- paid, whether in money or debentures under this section and I?' aiHO""' the acts aforesaid,. shall not exceed, by more than six hundred thousand dollars, the sum of which the average yearly proceeds of the other sources of revenue hereinafter mentioned (upon an average of the five years next preceding the eighteenth of 390 ABOLITION OF FEUDAL EIGHTS AND DUTIES. December, 1854) would be the yearly interest at six per cent per annum, added to the value of the Crown's rights in the seigniories affected by this act. 18 V., c. 3, s. 17. Moneys from ; 37. The moneys arising from the following sources of re- certam sour- ygime ghall be specially appropriated to make good, to the said appropriated. Consolidated Revenue Fund, the amount taken out of the same for the purpose of paying the sums charged upon it under the next preceding section, that is to say : CrowQ rights All moneys arising from the value of the rights of the Crown, in sei- from droits de quint and other dues, in or upon the seigniories of which the Crown is seignior dominant, and which are to be commuted by this act, as such value, shall be fixed by the schedules of the said seigniories respectively, and all aiTcars of such dues ; LauzoH. All moneys arising from the revenues of the seigniory of Lauzon, or from the sale of any part of the said seigniory sold after the eighteenth day of December, one thousand eight hundred and fifty-fout, and all arrears of such revenues ; Auction All moneys arising from auction duties and auctioneers' licenses duties. in Lower Canada ; Shop li- All moneys arising in Lower Canada from licenses to sell censes. spirituous, vinous or fermented liquors by retail in places other than places of public entertainment, commonly called shop or store licenses ; Tavern li- All moneys arising from tavern licenses in Lower Canada, oejises in cer- after the present charges on that fund have been paid oflf", ex- tam castfB, ^^^^ however such portions of that fund as are levied in the townships ; Separate ac- And separate accounts shall be kept of all moneys arising k°"t'^th°t*'* from the sources of revenue aforesaid, and of the moneys dis- cquai sura bursed under this act, allowing interest . on both sides at the may be appro- then current rate on provincial debentures, to the end that if &pperCap- ^^^ sums payable out of the Consolidated Revenue Fund under ada. the next preceding section, exceed in the whole the total amount of the sums arising from the sources of revenue so specially appropriated and any interest allowed thereon as aforesaid, a sum equal to such excess shall be set apart, to be appropriated by Parliament for some local purpose or purposes in Upper Canada. 18 V., c. 3, s. 18. How the spe- 38. The special fund, constituted as aforesaid, shall, after oial fund is deducting the expenses incurred under this act, and the Sei- in aid^of'tUe gniorial Acts of 1854, 1855, 1856 and 1859, be appropriated in censitaires. aid of the censbtaires in the several seigniories, in the follow- ing manner : Value of 2. The sum to be established as the value of the rights of the Ofowu rights Crown in each seigniory as aforesaid, and the difference be- lu eac fltn- ^ween the absolute value in franc-alleii roturier of all uncon- ABOLITION OF FEUDAL EIGHTS AND DUTIES. 391 •ceded lands, waters and water-powers in the seigniories, and gniory to be the value of the seigniors' rights therein, shall be appropriated fj^atve/in re^ in aid of the censitaires of such seigniory in reduction of the d action of rentes constitutes representing the lods et ventes or other muta- coimnutation tion fines therein, by an equal percentage of reduction on each Rentes'" such rentes ; 3. The remainder of the said special fund shall be appor- Remainder :tioned by the Receiver General amongst the seigniories to which a™°°g ^.'l ^^^ this act extends generally, — but not the Crown seigniories, or fri^oportion ■-seigniories belonging to the ecclesiastics of the Seminary of to charges Montreal, — or Jiefs mentioned in section seventy-four, giving to ^'^°"- each an equal percentage on the total amount of the constituted rents established by the schedule of each such seigniory, after ■deducting the value of the Crown's rights therein ; and the How applied : .sum as apportioned to each seigniory shall be applied by the Receiver General in the following order, which shall be the •order of charges thereon : But see sects. 79, 81. 1st. To the redemption of so much of the said rentes consti- To redemp- ■tuees representing the lods et ventes or other mutation fines in Mutation"™' the seigniory as may remain after the reduction made by the moneys of application of the value of the Crown's rights as aforesaid, by '<"*' "' ventes. .an equal percentage of reduction on such remaining rentes in each case ; 2dly. To the redemption of the rentes constitutes representing Of banaliu. the banalite in the seigniory, by an equal percentage of Teduction on each such rente ; 3dly. To the redemption of the rentes constitutes representing Of censet ren- the cens et rentes and other charges on lands held for agricultural 0^^ penny '"^ purposes in the seigniory, by an equal percentage of reduction half penny • on each such rente constitute, exceeding the rate of one penny perarpent. half penoiy per annum, per arpent ; Bui see sec. 39. 4. The reduction of such rentes constitutes shall always be Reduction of in proportion to the capital sum applied to eftect such reduction, '^^^^' '"^ *°y iihe reduction being equal to the legal interest of such capital ; 5. The sums so apportioned for each seigniory shall belong Sum appor- 'to the seignior thereof, subject always to the right of the ^°^^^ *° seignior dominant, and shall be dealt with in every respect geignior. .as moneys paid in redemption of the rentes constitutes mentioned in the schedule of such seigniory, subject to the special pro- visions hereinafter made. 18 V., c. 3, s. 19. :FURTHER aid to the censitaires for the REDEMPTION OF THE CASUAL RIGHTS. 39. So much of the constituted rents representing the lods Balance of ■£t ventes and other casual rights, as will not be redeemed out of ge^lfngPa.' the fund appropriated for the relief of the censitaires by sections gual rights thirty-six and thirty-seven, shall be assumed by the Province ^^|"^/^f^>y ^ ^nd paid by the Receiver General out of the Consolidated Revenue 392 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Capital may be paid at a certain rate. Moneys to be liable to oppo- sitions, &c. Assumption not to pre- vent applica- tions for revi- sion of scte- dnles. Fund, to the seigniors or parties respectively entitled to sucht rents, half-yearly, on the first of January and July, and the censitaires shall be discharged from the payment thereof : 2. With the consent of the Provincial Government and of the seignior or other party entitled absolutely to any such constituted rents, a sum of money, equal to seventy -five per cent of the capital representing the same at six per cent per annum, may be paid out of the Consolidated Revenue Fund to- such seignior or party, in full satisfaction of such rents for ever; 3. The constituted rents or sum of money to be so paid shall be liable to the claims and oppositions of third parties in like manner as the sum payable to any seignior out of the said fund for the relief of the censitaires, under sections thirty-six,, thirty-seven and thirty -eight ; 4. The assumption by the Province of the payment of the- said constituted rents, shall not interrupt or prevent any ap- plication or petition for the revision of any schedule presented by the censitaires or by the seignior, of any seigniory, concern- ing the amount of the said rents or the lods et ventes and casual rights they represent, — but Her Majesty's Attorney General for Lower Canada may institute, contest or continue any such application or petition for the revision of any sche- dule, in the name of the Crown or of the censitav)-es or any of ' them. 22 V. (1859), c. 48, ss. 7, 8. 9, 10. What parties must file op- positions to preserve their privi- leges. 41. All minors, interdicted persons and married women,, even in the case of dower not yet open (non encore ouvert), . and all who have entailed or contingent rights, by themselves - or their tutors, curators, husbands or others who may act for- them, are also required, for the preservation of their privileges,, to file their opposition to the distribution of all such moneys in the manner provided in the next preceding section ; but tutors, curators, husbands or others neglecting to file such op- positions shall, nevertheless, continue to be responsible towards- the persons under their charge or' authority for any loss resulting from their negligence in the said behalf . 18 V., c 3, s. 21. In default of opposition , seignior may receive his share of the fund. 42. If, after the expiration of six months, from the date of" the first publication in the Canada Gazette of the notice of the deposit of the schedule of the seigniory in which such land is situate, the possessor of such seigniory produces to the Receiver- General a certificate, granted by the Prothonotary of the Superior- Court for the district in which the schedule relative to such seigniory, or a duplicate thereof, is deposited, stating that there- is no opposition to the payment of the redemption moneys in such seigniory, the said Receiver General shall pay to the said seignior, on his giving a duplicate receipt therefor, the amount of any moneys coming to such seignior out of the special fund ABOLITION OF FEUDAL EIGHTS AND DUTIES. BOS'. hereinbefore mentioned, allowing interest at six per cent per annum, to be computed from the date of the said notice, and thereafter the seignior shall have full right to receive the price of the rentes constitutes in his seigniory directly from the censitavres, and to deal with such rentes as he sees fit. 18 V., c. 3, s. 22,-19-20 v., c. 53, s. 19. 43. Whenever the Receiver General has ascertained the How the mo- amount of money coming to any seignior out of the special 5^y,!^*lL''? « J 1 v •' . .°, . .•'in?, . ... iSi dealt With in tuna nereby appropriated in aid or the cens%ta%res, and there cose of oppo- is an opposition filed as aforesaid to the distribution of such sitions. money, the Receiver General shall deposit a certificate of the said amount in the hands of the Prothonotary of the Superior Court in the district wherein the schedule relative to the said seigniory has been deposited ; and the said court shall make the distribution of the said moneys among the opposants, according to the order of their hypothecs, and the preference of their respective privileges ; and the Receiver General shall pay the same to the Prothonotary of the court, to be distributed according to such order, but the interest on any sum coming to a seignior, and in the Receiver General's hands, shall always be payable to such seignior : 18 V., c. 3, s. 23. 2. Provided, that in the event of any seignior or seignior Proviso : if dominant being indebted to the Crown in any sum of money f^inijebted'to- for any right arising from any seigniory held by such seignior the Crowa. or seignior dominant, the Receiver General shall retain the amount so due to the Crown from the amount payable to such seignior or seignior dom,inant under the provisions of this act, and the amount (if any) due to the Crown by each seignior, shall be ascertained by the commissioner making the schedule of each seigniory and certified by him to the Receiver General. 19-20 v., c. 53, s. 13. IMMEDIATE ABOLITION OF MUTATION FINES ; AND COMPENSA- TION THEREFOR. 44. No lods et rentes, quint, relief or other mutation fine, No mutation has accrued upon any mutation which has taken place after ^f^g^ 3°Qth*''^"* the thirtieth day of May, one thousand eight hundred and May, i855, in fifty -five, in d^aj fief or seigniory to which this act applies any seigniory generally (but not those belonging to the Seminary of St. a^j applies, Sulpice and those mentioned in section seventy-four, which are except those hereinafter provided for), but instead thereof the Receiver °aJy^of sT" General shall credit the fund appropriated in aid of the censi- Sulpioe and tmres, with interest from the day last named on the total i^^/ej"*.;™®* amount of the appropriation, and the rente constitute payable by any seignior to his seignior dominant shall accrue from the said day : Commission- The commissioners, or any one or more of them, shall make a'^atawmen"* a separate statement for each seigniory to which this act of annual extends, except as aforesaid, shewing, as nearly as can then be „„! ftom'^mul ascertained, and subject to correction thereafter : ^ tation fines. -394 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Amount of ;Buch yearly revenue to be paid to sei- gnior by Re- ceiver Gene- ral and de- bited to him. "How provin- cial aid to be deducted from the value of the sei- gniorial char- ges shall be computed. Proviso : as to amount paid to sei- gnior domi' ■itant. 1. The average yearly revenue from lods et ventes ; 2. The average yearly revenue from quint ; 3. The average yearly revenue from relief; — and 4. The average yearly revenue from other casual rights (if any) which ceased to be payable after the thirtieth day of May, one thousand eight hundred and fifty-five, under the Seigniorial Amendment Act of 1855 ; 5. Such statement shall be made separately for each seigniory, and so soon as the commissioners are able to make it, and shall be sent to the Receiver General ; and the amount of such yearly revenue in each seigniory, as shewn by such statement, from the thirtieth day of May, one thousand eight hundred and fifty -five, up to the first day of January or July last past, at the time the statement shall come to the Receiver General, shall be then paid by the Receiver General to the seignior or seignior dominant of such seigniory ; and thereafter one-half of the average yearly revenue mentioned in each such statement, respectively, shall be paid to the seignior or seignior dominant entitled to it, on the first day of January and the first day of July, until' the schedules are finally deposited, and the amount so paid to each seignior shall be debited to him, as, so much received by him on account of the portion of the provincial appropriation for the relief of censitaires payable to him, and of the interest on such portion ; but in computing the amount to be deducted on account of the said provincial aid, from the total value of the seigniorial rights in any seigniory as shewn by the shedule thereof , in order to ascertain the amount re- maining chargeable upon the censitaires, the correct value of such casual rights (as finally ascertained by the shedule), from the said thirtieth of May, one thousand eight hundred and fifty-five, to the publication of the notice of deposit of the she- dule, shall (as representing the average sum saved by the censitaires during the same period, by the non-payment of the said casual rights or any compensation therefor,) be deducted from the total amount of principal and interest payable to the seignior from the said provincial aid, and the remainder shall be the sum to be deducted from the total value of the seigniorial rights as shewn by the schedule, in order to ascertain the amount payable by the censitaires ; 6. Provided, first, that the whole sum to be paid by the Receiver General to any seignior dominant, shall be also de- ducted from that which would be otherwise payable by the censitaires of the seignior servant ; and, secondly, that if the approximate sum paid to any seignior dominant under this section by the Receiver General, shall be more or less than the true value of his rights for the time, the difference shall be de- ducted or added (as the case may require) from or to the sum to be paid by the Receiver General to such seignior dominant, under the sixth subsection of section ten of this act ; 18 V., c. 103, s. 3,-19-20 v., c. 53, s. 12. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 395 7. The foregoing provisions of this section apply only so Application far as they have not been complied with before the passing of of foregoing this act. F S . provisions. 45. The right of retrait conventionnel which the seignior Retrait con- was allowed to stipulate solely for the purpose of securing to "f^'^o^^j him the payment of mutation fines is abolished. 18 V., ^ " ° '^ "^ ■ 103, s. 4. INVESTMENT OF SPECIAL FUND, &C. 46. The Receiver General shall, from time to time, place Receiver Ge- any moneys in his hands as part of the fund in aid of the "est a^^lrt nensitavres, and not then required for the purposes thereof, at of the special interest in any chartered bank, or invest the same in provin- ^°^^^. ^°\ '™" cial debentures or debentures guaranteed by the Province, quired.^ ^ ^^' and shall apply the interest thereon towards making good that allowed under this act. 18 V., c. 103, s. 5. DESTINATION AND LEGAL CHARACTER OF PROPERTIES AND RIGHTS HEREAFTER TO REPRESENT SEIGNIORIES. 49. In respect of all rights acquired in, to or upon any As respects seigniory before the publication in the Canada Gazette of the claims exist- notice of the deposit of the schedule of any seigniory,, and for notice of the the preservation whereof an opposition is filed within six deposit of months from the date of the said publication, all lands and Indfor which real rights which at and immediately before the eighteenth day oppositions of December, one thousand eight hundred and fifty-four, were rllH^^on^t held by the seignior as part of his seigniory, all rights secured tuees, &c., to him under the schedule thereof, all rentes under this act to ^^^J^ ^^ *^^^^* be created, all moneys to arise from the redemption of any such sentingthe rentes, or to be received Uy the seignior out of the aid granted seigtiory. to the censituires towards the redemption of seigniorial rights, duties and dues, and all properties and rights so by such sei- gnior acquired as to represent such moneys, shall be held and taken as though attached to the domaine of such seigniory, and as representing such seigniory ; but in respect of all rights As regards thereafter to accrue, or for the preservation whereof no opposi- "he said rewts tion is filed within the delay aforesaid, all such lands, rights, shall be inde- rentes and moneys shall be held and taken to be, and shall be pendent prop- ■ • 6rtji65 fLncl to all intents separate and independent properties and rights ; rights. and it shall not be requisite that any person, in order to the holding, recovery or enforcement of any thereof, should qualify himself as being, or as ever having been, a seignior. 18 V., c. 3, s. 26,-19 v., c. 53, s. 19. 5©. All rentes constitutes created under this act shall have Privileges for the same privileges ex causd as the right of the bailleur de ^^°"^"°^ ^^°^ fonds, and the like preference over all other hypothecary claims affecting the land, as any seigniorial dues upon or arising out 396 ABOLITION OF FEUDAL RIGHTS AND DUTIES. of such land would have had previous to the redemption of the said dues, without any registration in any registry office to Only five that end ; but the creditor shall not have the right to recover years arrears more than five years arrears of any such rent ; and in default able. "• of movables out of which the amount of any judgment for such arrears, though amounting to less than forty dollars, may be levied, execution may issue against such land after a delay of one year from the date of such judgment, and not sooner. 18 v., c. 3, s. 27. MISCELLANEOUS PROVISIONS. consiituee re- presenting them. Decret not to 54. No Sale under Writ of Execution (par ddcret) shall purge ?eigni- have the effect of liberating any immovable property then or or any rente theretofore held a titre de cens, and so sold, from any of the rights, charges, conditions or reservations established in respect of such immovable property in favor of the seignior, due before the completion of the schedule of the seigniory in which such propei-ty lies, or from any rente constitute payable thereon under such schedule but every such immovable prop- erty shall be considered as having been sold subject thereafter to all such rights, charges, conditions or reservations, without its being necessary for the seignior to make an opposition for the said purpose before the sale. 18 V., c. 3, s. 30. Opposition for such rights or rente to be null. 55. If any opposition afin de charge be made for the preser- vation of any of the rights, charges, conditions or reservations mentioned in the next preceding section of this act, such opposi- tion shall not have the effect of staying the sale, and the opposant shall not be entitled to any costs thereon, but it shall be returned into court by the sheriff after the sale, to be dealt with as to law may appertain. 18 V., c. 3, s. 31. _^iior'3 56. The seignior of whom' any land, the tenure of which has arrears^before ^^^^ commuted Under this act, was held, shall he maintained commutation, in his privileges and hypothecs on the land, for the payment of maintained, all arrears of seigniorial rights lawfully due at the time of such commutation. 18 V., c. 3, s. 32. CERTAIN LANDS DECLARED TO BE AND TO HAVE BEEN HOLDEN IN FRANC-ALLEU ROTURIER. Lands hereto- 57. All lands which any seignior has, by any act (acts) *^"utedT'b or deed in writing heretofore executed, released or agreed to held in franc- release from all seigniorial rights in consideration of the pay- aiieu. ment of any sum of money or of any annual rent, are hereby declared to be and to have been, from the day of the date of every such act {acte) or deed, free from all such seigniorial rights and holden in franc-alleu roturier ; but the commis- sioners, for the purpose of making the schedules of seigniories in which any such lands are situate, shall deal with all such ABOLITION OF FEUDAL RIGHTS AND DUTIES. 397 lands as if held en roture, and when the same are liable to an annual rent, shall establish and specify in the schedule the capital of every such rent, in order that the same may be redeemed, by the person liable therefor, in the same manner as any rente constitute established by this act. 18 V., c. 3, s. 33. 58. All lands upon which mortmain dues (des droits d'in- Certain lands demnite) have been paid to any seignior, and which have not m^o°rtmaiu*''' been sold or conceded since such payment to parties holding dues have otherwise than in mortmain, are hereby declared to be and to ^^^^ P?'.*^ *° have been, from the day of the date of such payment or of any franc-alUu. act (acte) or deed in writing, binding the- owner to pay the same, released from all seigniorial dues and duties and held en franc-alleu roturier, but subject to the payment of a rente constitude equal to the cens and rent legally due thereon. 18 v., c. 3, s. 34. EXTENT OF THIS ACT. 60. None of the foregoing provisions of this act shall Act not to ex- extend to the wild and unconceded lands in seigniories held tafn sei-'^^'^' by the Crown in trust for the Indians, nor to any of the guiories. Jiefs in the district of Montreal, mentioned in section seventy- four of this act, except in so far only as hereinafter expressly provided, — nor to any other arriere-fief depending upon (relevant de) any of the said seigniories, — nor shall they apply to the seigniories of the late Order of Jesuits or other seigniories held by the Crown and not above mentioned, nor to the seigniories formerly held by the principal officers of Her Majesty's Ordnance, except only in so far as it is hereinafter provided. 18 V., c. 3, s. 35,-18 V., c. 103, s. 7, and 19-20 V., c. 53, ss. 11, 12, 13, and 22 V. (1859), c. 48, ss. 11 to 18, &c. AS TO CROWN SEIGNIORIES. 61. Schedules may, if the Governor see fit so to direct, Schedules be made for the seigniories held by the Crown and the reve- fo^^crown nUes whereof belong to the Province, including the seigniories seigniories of the late Order of Jesuits, in like manner and under the same ^?''J;^'j'p^™' provisions as for other seigniories ("omitting such particulars poses. as cannot apply to Crown seigniories), and with like powers to the commissioners : 2. Provided, that no part of the appropriation, in aid of the censitaires, shall be applied towards the redemption of seigni- orial rights in such Crown seigniories, nor shall any such sche- dule be deposited in the manner provided in the twenty-fifth section of this act, or operate any compulsory commutation of tenure, or substitution of any rente constitute for the seigniorial rights and dues in such seigniory ; but the Governor in Council may, if he see tit, allow to the censitaires in the said seigniories, 398 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Use of sncU schedules. Ordnance seigniories to be dealt with as Crown sei- gniories. upon commutation of their lands, equal advantages and relief with those which the censitaires in other seigniories are found to obtain under this act, and the schedules made under this, section shall serve as the basis for calculating the extent of such advantages and relief to be so allowed to the censitaires in the said Crown seigniories ; 18 V., c. 103, s. 8. 3. All seigniories transferred to the Province under the act nineteenth and twentieth Victoria, chapter forty-five, as part of the Ordnance property, shall be dealt with as Crown seigniories^ under this act. 22 V. (1859), c. 48, s. 22. by purchasers after 30th May, 1855. How Crown agents shall be guided in Lodsetventes 62. No lods et ventes shall be demanded from purchasers not payable ^^ ^j^g gg^j^ seigniories held by the Crown, upon purchases made since the thirtieth day of May, one thousand eight hun- dred and fifty-five : 2. The Crown agents for the said seigniories shall, in the collection of the revenue of the Crown therefrom, and in regard the^coUection of all other rights of the Crown as seignior of such seigniories, take notice of and be guided by the answers and decisions of' the Special Court under the Seigniorial Act of 1854, upon the questions of Her Majesty's Attorney General for Lower Canada, except in so far as such rights may have been reduced or modi- fied by any order or orders of the Governor in Council ; 3. All unconceded lands and waters in the said seigniories, shall be held by the Crown in absolute property, and may be sold or otherwise disposed of accordingly, and when granted shall be granted in franc-alleu roturier. 19-20 V., c. 53, s. 11. 63. A sum of money, equal to the constituted rents represent- ing lods et ventes and casual rights in the seigniories forming part of the Jesuits' Estates, to be calculated in the manner pre- scribed by this act, and reckoned from the time when the said casual rights were abolished, shall be paid yearly out of the Consolidated Revenue Fund, to the Lower Canada Superior Education Fund. 22 V. (1859), c. 48, s. 23. of the re- venue. Unconceded lands. Payment of L. C. Educa- tion Fund. CERTAIN LANDS IN SHERRINGTON. This act to' apply 1o cer- tain lands in Sherringtou. 64. This act shall apply to any lands held en franc-alleu noble, and granted under and by virtue of the act of the Parlia- ment of the late Province of Lower Canada, passed in the third year of the reign of His late Majesty King George the Fourth, and intituled : An act for the relief of certain censitaires oi" grantees of La Salle and others therein mentioned possessing- lands within the township of Sherrington ; but inasmuch as- the decision of the Special Court constituted under the sixteenth section of the said Seigniorial Act of 1854, cannot affect the- said lands, therefore the schedule relating thereto shall be valid although completed and deposited without waiting for the- decision of the said Special Court. 18 V., c. 103, s, 7. ABOLITION OF FEUDAL RIGHTS AND DUTITS. 399^ UNSETTLED SEIGNIORIES. 65. And inasmuch as the following fiefs and seigniories, Tenure of cer- namely: Perthuis, Hubert, Mille Vaches, Mingan and the tain unsettled Island of Anticosti, are not settled, the tenure under which the changed to ■■-' said seigniories are held by the proprietors of the same that of /r-anc- respectively, is and has been, since the passing of the act ""*" rotuner,. 19-20 v., c. 53, changed into the tenure of franc-alleu rotv/rier ; the difference in value between each of the said seigniories as heretofore held and the same seigniorv' when held in franc-alleu roturier, and also the value of the casual and other rights of the Crown in the said seigniories, shall be ascertainfed and entered in the schedule of the sei- gniory, and the amount of the whole shall, upon the filing of the said schedule, become due and payable by the seignior to the Crown, and shall form part of the fund appropriated in aid of the censitaires ; and whenever the Governor in Council is satisfied that any other fief or seigniory is wholly unconceded, the Governor may issue a proclamation declaring that such fief or seigniory shall thenceforth be subject to the operation of this section ; and from and after the date of the publication of any such proclamation in the Canada Gazette, the tenure under which the fief or seigniory or fiefs and seigniories therein mentioned are held, shall be changed into the tenure- of franc-alleu roturier ; and in making the schedules thereof, the commissioners shall deal with such fiefs or seigniories in every respect as if they had been specially mentioned in this- section. 19-20 V., c. 53, s. 10. ABOLITION OF THE SEIGNIORIAL TENURE IN THE SEIGNIORIES . BELONGING TO THE SEMINARY OF ST. SULPICE. 66. In order to provide for the commutation of the seignio- Lods et ventes- rial tenure, in the seigniories of St. Sulpice and the Lake of Two abolished in Mountains, belonging to the Corporation of the Ecclesiastics of gniories. the Seminary of St. Sulpice of Montreal (hereinafter called the Seminary), and those parts of the seigniory of the Island of Montreal, belonging to the same, which are not within the parish and city of Montreal, — no lods et ventes or mutation fine shall accrue on any mutation in the ownership of any property in the said seigniories and parts of a seigniory, subsequent to the fourth day of May, one thousand eight hundred and fifty- nine, — and the said seigniories and parts of a seigniory shall They' shall be be subject to the provisions of this act, which shall apply to subject to the- the said seigniories and parts of a seigniory, so far as regards Art^of°i854, the ascertaining of the value of the cens et rentes and other &c. rights of the seigniors, — and schedules and abridged schedules Subject to shall be made for the same as provided by the foregoing provi- gcations™'"^'"' sions of this act, subject to the following modifications : 1. The value of the lods et ventes shall be reckoned, not at Value of lods the reduced rate fixed by the ordinance passed by the Governor feckoned^°^ and Special Council for the affairs of Lower Canada, in the 400 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Ag to muta- tions of ownership of •commuted property. session held in the third and fourth years of Her Majestj^s Reign, and chaptered thirty, but at the full rate of one-twelfth of the price or value of the property, for each mutation of ownership producing lods et ventes ; 2. Every mutation of the ownership of any property com- muted under the said ordinance, which occurred during the ten years immediately preceding the passing of the Seigniorial Act of 1854, shall be taken into account in estimating the value of the said lods et ventes (although such mutation happened after the said commutation), if without such commutation it would have produced lods et ventes ; and the commutation itself shall be reckoned as a mutation producing lods .et ventes ; but if in any case the commutation money has exceeded, one full lods et ventes, the excess shall be deducted from the amount to he paid as hereinafter provided in lieu of the said lods et ventes and casual rights ; 3. The censitaires of the said seigniories and parts of a sei- gniory shall have no share of the fund for the relief of the cen- sitaires provided by sections thirty-six, thirty-seven and thirty-nine of this act ; — but, instead thereof, for the relief of the said censitai/res, there shall be paid to the seigniors : 1st. The sum of one hundred and forty thousand dollars out of the Consolidated Revenue Fund ; 2nd. A sum to be agreed upon between the Government and the seigniors as the value of the outstanding arrears of lods et ventes belonging to the Province under the ordinance aforesaid, which value shall be taken by the said seminary as money ; and the said arrears shall then belong to the said seminary, whatever their amount may be ; The ^aid sums shall go in reduction of the capital of the ren- ^^^ tes constituees representing the lods et ventes and casual rights, casual' rights and the remainder (if any) of the said rentes is hereby guar- pajabie out anteed to be paid, half yearly, on the first of January and July, out of the Lower Canada Municipalities Fund (arising from the Clergy Reserves), after paying the charges on the said fund under chapi^r twenty-five of the Consolidated Statutes of Canada ; and if at any time the moneys in the hands of the Receiver General, belonging to the said fund, are insufiicient to pay the said remainder of the said rentes, he shall advance the sum required to pay the same out of the Consolidated Revenue Fund, to which it shall afterwards be repaid out of the said Lower Canada Municipalities Fund ; Sums appro- priated for the relief of the censi- taires in re- duction of rents repre- senting ca- rsual rights. Remainder of the rfeuts re- presenting naval of L. 0. Mu- nicipalities Fund. Interest on $140,000 to be p|ayable half yearly. 4. The interest on the said sum of one hundred and forty thousand dollars shall also be payable to the said seminary, half yearly, on the first of January and July ; and the said seminary shall have the same privilege as other seigniors of re- ceiving the capital of the said sum, and the capital of the said remainder of the said rentes, at the rate of seventy-five per cent on such capital in full satisfaction of the whole ; ABOLITION OF FEUDAL RIGHTS AND DUTIES. 401 6. The said payments by the Province shall include the com- Payments to mutation of the tenure of all property now held by the Prov- '"4"?;^^°™" ince or the Crown, or by the War Department as representing all provincial the late Ordnance Department, in any seigniory belonging to property. the said seminary, and such commutation shall be held to have been perfected on the fourth day of May, one thousand eight hundred and fifty-nine. 22 V. (1859), c. 48, s. 11. 67. In those parts of the seigniories belonging to the said I/ods^ et ventes seminary, which are within the city and parish of Montreal, Jontrea? "^ lods et ventes and other casual rights shall be held to have been abolished on the said fourth day of May, one thousand eight hundred and fifty -nine, — and instead thereof, a commutation Commutation Une, calculated and ascertained in the manner prescribed by fng^teadm^cer- chapter forty -two of these Consolidated Statutes, shall be pay- tain caaes. able to the said seminary on the first mutation of the owner- ship of any property after the said abolition of the lods et ventes and other casual rights thereon, whether such mutation occurs by sale, exchange, descent, bequest or in any other way; and such commutation fine shall be secured by the same priv- ileges and recoverable in the same manner as the lods et ventes and other casual rights for which it is substituted now are ; but in the case of mere descent or bequest such commutation When it shall :fine shall not be exigible by the said seminary until the expira- ^^ exigible, tion of ten years after the decease of the person from whom the property descends. Ibid., s. 12. 68. All property held in mortmain or by any corporation. Property held in those parts of the said seigniories which are within the city J^ ^e°com-'° and parish of Montreal as aforesaid, and the tenure whereof is muted within not already commuted, shall be commuted within twenty years 2° years. from the said fourth day of May, one thousand eight hundred and fifty-nine, and if not so commuted voluntarily, the commuta- tion fine thereon, calculated and ascertained in the manner prescribed by chapter forty-two aforesaid, shall become payable to the seminary, and shall be secured by the same privileges as the commutation fine mentioned in the next pre- -ceding section. Ibid., s. 13. 69. If the value of the property, the tenure of which is to How the va- be commuted under the two next preceding sections and of the propfrty%c., capital of the cens et rentes thereon, have not been ascertained shall be as- or agreed upon, then the said seminary, whenever such com- ^o\*^gretd" mutation has become compulsory on the owner of such property, upon. may serve a notice on such owner naming some disinterested person as their arbitrator to fix such value, and requiring such Arbitration. owner to name another disinterested person as his arbitrator, and if the owner does not, within six days after the service of such notice, notify to the said seminary the name of such ar- bitrator, or appoints a person who is disqualified, the said seminary may apply by summary petition to any judge ^ of the Superior Court at Montreal, who may on such application ap- point an arbitrator on behalf of such owner, and the two ^ 26 402 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Costs. arbitrators, or if they cannot agree, any judge of a Superior- Court, on the application of either, may name a third arbitrator,, and the award of such three arbitrators, or of any two of them, fixing the value of the property or of any buildings thereon and of the capital of the cens et rentes, shall be conclusive- evidence of such value and capital for the purpose of ascer- taining the commutation fine or indemnity to be paid by such owner, and shall be refurned into, filed and enrolled by the Superior Court at Montreal, and by the said court duly con- firmed, and may then be enforced by the seminary by action if' need shall be ; and the costs of such arbitration shall be borne by the parties in equal shares. 22 V. (1859), c. 48, s. 14. TO. Nothing in the three next preceding sections of this act shall prevent the owner of any such property from commuting- the tenure thereof in the manner prescribed hj the said chapter- forty-two at any time, if he thinks fit so to do ; and whenever the commutation fine or indemnity amounts to not less than four hundred dollars, the owner of the property shall always have the right to declare his option that such commutation fin& or indemnity shall remain charged upon the property at and for a constituted rent according to the laws of Lower Canada, . as provided by the seventh section of the said ordinance, and. the same shall remain so charged accordingly : , Seminary to 2. And whenever a commutation fine is paid, or converted' grant deed of Jjj^q ^ constituted rent, the seminary shall, on demand of the tioft. owner of the property, execute a notarial deed acknowledgii^g" the same and that the property is held by him in franc-alleu rotwrier, subject to the charges (if any) therein to be expressed, Ibid., s. 15. Act not to prevent vo- luntary com- mutation. Owner may convert com- mutation mo- ney into a constituted rent, if it amounts to $400. Unconceded lands, &c., vested in the seminary. 71. The unconceded lands in any of the said seigniories, and all landed property held by the said seminary within the same (including the city and parish of Montreal), shall be vested absolutely in the said seminary in franc-alleu roturier, and they may sell or dispose of any such lands or of any other property belonging to them, either for money or f of redeemable ground rents, and may invest the proceeds as hereinafter men- tioned. Ibid., s. 16. Except in certain cases — arrears over $100 shall be payable by instalments. VfS. Except in cases where, before the fourth day of May^. one thousand eight hundred and fifty -nine, some other agree- ment was made — or where suits had been broughtj — or where, either before or after the said day, oppositions afin de conser- ves- have been or may be filed by the said seminary, — the ar- rears of lods et ventes and cens et rentes due by any party personally or hypothecarily before the said day in the said seigniories (including the said city and parish of Montreal) shall not be exigible immediately by the said seminary if they exceed the amount of one hundred dollars ; but, if snch arrears- amount to more than one hundred dollars, they shajl be payable in four equal annual payments, the first was due and, was to be-. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 403 made in the year 1859, the second to be made in the year 1860, the third in the year 1861, and the foui'th in the year 1862 ; provided that the failure to make any one such payment within the year prescribed, shall render the whole suin then owing exigible, and it shall bear interest (even without suit) from the end of the year in which such failure shall take place. 22 V. (1859), c. 48, s. 17. 78. A further period of twenty years, beyond that limited by Further the said ordinance, shall be allowed to the said seminary to dis- P"j.od allow- pose of the portion of the St. Gabriel farm now remaining un- posing of St. disposed of, — and with power to the seminary to make such Gabriel sale either by auction or private agreement, and in one block '"^™' or in such parcels as they think proper ; and the thirteenth Seminary section of the said ordinance is amended so that it shall be law- F'^y mvest ful for the seminary to invest its funds in hypothecs or secur- certain se- ities of any kind, — the amount to be invested in the purchase curities. of real property remaining limited as it is by the said ordi- nance. Ibid., s. 18. ABOLITION OF THE SEIGNIORIAL TENURE IN CERTAIN FIEFS IN THE DISTRICT OF MONTREAL. '74. In the fief Bellevue, the fief St. Augustin, the Jlef St. Seicmioriai Joseph, the fief Nazareth, the fief de I'HStel-Dieu, the fief "if^ifhed in Lagaueheti^re and the fief Glosse, situate in the district of certain ^e/s Montreal, lods et ventes and other casual dues, including droit *""* a, rente de banalite, and all seigniorial dues whatever, were abolished commatation on the nineteenth day of May, 1860, and instead thereof, the fine snbsti- cena et rentes have since that day been,,and shall be represented " ' by a rente constitute of the same amount (in money or kind, as the case may be), secured by the same privileges and payable at the same periods, until the capital thereof becomes payable as hereinafter provided, — and a commutation fine, equal to that to which the Seminary of St. Sulpice of Montreal is entitled in the city and parish of Montreal, and to be calculated and ascertained in the manner prescribed by chapter forty-two of these Consolidated Statutes respecting the said seminary, and by the sixty-ninth section of this act, subject to the provisions hereinafter made in section eighty-four of this act, as to the rate of commutation according to the situation of the property, shall be payable to the respective seigniors of the said fiefs, or any portion of them, as follows : On the first mutation, which would have created lods et ventes, wbeor sorb of the ownership of any property, happening in the fief Belle- S^be*''""" vue, the fief Lagauchetiere or thefisf Clpsse, or in any portion payable. of them, during the ten years next after the nineteenth day of May, 1860, and on the first mutation, which would have created lods et ventes, of the ownership of any property, happening in the fief St. Augustin, the fief St. Joseph, the fief Nazareth or the fiefde VH6tel-Dieu, or in any portion of them, during the twenty years next after the said day. 23 V., c. 60, s. 1. 404 ABOLITION OF FEUDAL EIGHTS AND DUTIES. To be payable T5. On the expiration of the above periods or delays, the erty not^°''' Commutation fine, calculated and ascertained in the manner then com- hereinabove provided, shall become payable to the seignior of muted. the saids fiefs, respectively, or of any portion of them, on all property therein not then commuted. 23 V., c. 60, s. 2. How secured. 7®. The Said commutation fine shall be secured by the same privileges and recoverable in the same manner as lods et ventea and other rights for which it is substituted were, and the pro- visions of chapter forty-two respecting the commutation of seigniorial rights in the seigniories belonging to the Seminary of St. Sulpice, and of section sixty-nine of this act, shall apply- to all cases in which such commutation fine becomes payable ; but .such commutation shall be payable immediately unless the parties otherwise agree, and if delay is given for the payment, such payment shall be secured by the privileges above men- A certain tioned ; and if, at the time of such commutation, the commuting ^^'nted*i^the P^'^ty requires a delay of six months for the payment of the censttaire Commutation fine, it shall be granted to him by the seignior, wishes it. ^ut such party shall then be bound to pay the commutation fine with interest at the rate of six per cent. 23 V., c. 60, s. 3. Seignior's TT. The seignior, of whom any land, the tenure of which is ar'^ars^^^ ^"'^ commuted under the three next preceding sections, was held, shall be maintained in his hypothecs and privileges on the land for the payment of all arrears of seigniorial rights lawfully due at the time of such commutation, and in his right to demand exhibition de litres in order to ascertain such arrears. 23 V., c. 60, s. 4. Commutation TS. The commutation of the rewfe coTCsii^if/^e representing the tomUuSfre- ^^'"'^ ** rentes on any property within any of the said fiefs, presenting shall be had and obtained on the payment of such sum of the cent et money as will represent the capital of the said cens et rentes reckoned at the legal rate of interest, and such commutation shall be payable at the same time as the commutation fine. 23 v., c. 60, s. 5. Droit de '''®- The droit de quimt due by any of the seigniors of any quint, how as- of the said fiefs or of any part of any of them, to any seigneur certaine , c. (ig^j^g^^f^ in consequence of the abolition of seigniorial rights, shall be paid out of the appropriation made by sections thirty- six, thirty-seven and thirty-eight of this act for the relief of the censitaires, and such droit de quint due to any seigneur dominant shall be ascertained by any seigniorial commissioner acting under this act. 23 V., c. 60, s. 6. Valuation if 80. If any seignior of any of the sa,id fiefs or of any portion any seignior thereof, feels aggrieved by the' above rate of commutation, he edVy^tie'^'^'^' may, within four months from the nineteenth day of May, 1860, foregoing make the fact known to the Governor through the Provincial provisions. Secretary, and the Governor shall direct any seignorial com- missioner to make, in an equitable manner, a valuation of the rentes. ABOLITION OF FEUDAL RIGHTS AND DUTIES. 405 amount of the commutation secured and reserved to any such seignior under the provisions of the six next preceding sections, taking into account, in such valuation, any loss of income or interest, and also a valuation of the amount of commutation money for lods et ventes and casual rights, which such seignior would have been entitled to under the provisions of this act applying to seigniories generally, if they had applied to the case ; — and in making the last mentioned valuation, every mu- How such va- tation of the ownership of any property theretofore commuted, {.""made! * which occurred during the ten years immediately preceding the passing of the Seigniorial Act of 1854, shall be taken into account in estimating the value of the said lods et ventes, although such mutation may have happened after such commutation, if with- out such commutation it would have produced lods et ventes ; and the commutation itself shall be reckoned as a mutation producing lods et ventes ; but, if in any case the commutation money has exceeded one full lods et ventes, the excess shall be deducted in estimating the value of the said lods et ventes and casual rights. 23 V., c. 60, s. 7. 81. If the last mentioned valuation exceeds the amount of Provision if the commutation fine under the provisions hereinbefore made, exceeds the" the difference shall be paid without delay to the seignior enti- commutation tied thereto out of the appropriation made by sections thirty- ^°'^- six, thirty-seven and thirty-eight of this act ; but, in such case, such seignior shall himself pay any droit de quint due to the seigneur dovxinant, to be ascertained in the manner herein- before stated ; but such droit de quint shall be paid only in proportion as the commutation fines become payable. 23 V., c. 60, s. 8. 82. If, in any of the said Jiefs or in any part thereof, the Section i of rule for determining the value of the lods et ventes, as pre- ^^l^^ A^if of"' scribed by the provisions of this act applying to seigniories 1856, to apply generally, cannot be applied, the proviso to the second paragraph g^g^^^**'" of section ten of this act shall apply. 23 V., c. 60, s. 9. 83. Any seignior not satisfied with the valuations made by Seignior not any such seigniorial commissioner, shall have the right to have J,av| the'ra- such valuations revised and made by three other seigniorial luation re- commissioners, in the same manner and under the same pro- ^"^'*- ceedings as have to take place by virtue of the provisions of this act applying to seigniories generally. 23 V., c. 60, s. 10. 84. If a,ny eensitaire, in any of the said fiefs, desires to Voluntary commute the tenure of any land held therein by him, d litre de ^"f^he""" cens et rentes, before the expiration of the delay above men- delay abore tioned, he shall be entitled to obtain a commutation of all sei- fi^^e^- gniorial rights in the manner prescribed by chapter forty-two of these Consolidated Statutes, respecting commutation of sei- gniorial rights in the seigniories belonging to the Seminary of St. Sulpice and the sixty-ninth section of this act, and at th«. rate thereby prescribed for property situate in the same manner. 406 ABOLITION OF FEUDAL RIGHTS AND DUTIES. Delay to be granted if the censitaire requires it. rthat is, within or without the city and parish of Montreal, except that in the fief Bellevue the rate shall be that fixed for property in the parish of Montreal but without the city limits : 2. The amount of such commutation fine shall become payable immediately, unless the parties otherwise agree, and if delay is given for the payment, such payment shall be secured by the. privileges mentioned in section seventy-six ; and if, at the time of such commutation, the commuting party requires a delay of six months for the payment of the commutation fine, it shall be granted to him by the seignior, but such party shall then be bound to pay the commutation fine with interest at the rate of six per cent. 23 V., c. 60, s. 11. Uaconceded 85. The unconceded lands, in any of the said fiefs, and all lands, &c. landed property held by any seignior in his fief or his portion seignior. oi a fief shall be vested absolutely in the seignior in franc- alleu roturier. 23 V., c. 60, s. 12. SUMS PAYABLE UNDER SECTIONS THIRTY-NINE AND SIXTY-SIX TO BE DEDUCTED FROM THE LOWER CANADA MUNICIPAL LOAN FUND. Sums payable to seigniors Tinder this act. , to be deducted from the said fund. 8®. A sum of money, equal in amount to the capital at six per cent per annum of the sum which, under the thirty-ninth section of this act, will be payable yearly to seigniors in Lower Canada out of provincial funds, added to the sum of one hun- dred and forty thousand dollars payable to the seminary, under the sixty -sixth section, shall be deducted from the amount of the Lower Canada Municipal Loan Fund. 22 V. (1859), c. 48, s. 19. INDEMNITY TO UPPER CANADA, AND TO THE TOWNSHIPS OF LOWER CANADA. Sum payalile to Upper Ca- nada Muni- cipal Loan Fund. Pajipont not to diminish liability of municipal- ities. 87. A sum of money, equal to that which, under the said thirty-ninth and sixty-sixth sections of this act, will be pay- able yearly to seigniors in Lower Canada out of provincial funds, over and above the amount payable to them out of the fund for the relief of the censitaires under the Seigniorial Act of 1854, — shall be payable yearly out of the Consolidated Revenue Fund of this Province to the credit of the Upper Canada Municipal Loan Fund, in reduction of the advances made or to be made from time to time from provincial funds on account of the said fund : 2. Such payment shall not in any way extinguish or diminish the individual liability of the municipalities which have become indebted upon the security of the said loan fund, — but the said yearly sum shall, so soon as the Province ceases to be under advances to the said loan fund, be added to the Upper Canada Municipalities Fund (Clergy Reserves) and distributed in like manner ; and so long as any municipality is at any ABOLITION OF FEUDAL RIGHTS AND DUTIES. 4©T -time in default in any payment which ought to have been made "by it to the said loan fund, such municipality shall have no share in any distribution of the Upper Canada Municipalities Fund (arising fron the Clergy Reserves) made while such municipality is so in default, and the share it would otherwise have had shall go to the other municipalities ; 3. The sums payable under this section shall be in addition To be in to the sum to be appropriated for local purposes in Upper addition to ■Canada under section thirtv-seven of this act. 22 V. (1859), c. under act of ■48, s. 20. " 1854. SS. A sum of money, bearing the same proportion to that Sum payable which, under the said thirty -ninth and sixty -sixth sections of onhe^own^*^ this act, will be payable yearly to the seigniors in Lower ships in ■Canada, as the population of the townships of Lower Canada Lo^erCan- a,re, by the census of one thousand eight hundred and sixty- one, found to bear to that of the seigniories, — shall be payable yearly, out of provincial funds, to the credit of the Lower Canada Municipal Loan Fund, but for the benefit of the townships only, including St. Armand East and West in the County of Missisquoi. Ibid., s. 21. ARREARS SAVED. 89. Nothing in this act contained shall affect the right to, or Recovery of the recovery of, any arrears of seigniorial dues accrued before gefgn^orfal the passing of the Seigniorial Act of 1854, or shall give any dues not person whomsoever any right of action for the recovery of affected, money or other value paid by him or his predecessors in the form of rents or other seigniorial dues, or for the recovery of damages which he pretends to claim for the privation of any right of which he deems that he has been illegally deprived by his seignior, unless he would have had such right of action if -without this act. 18 V., c. 3, s. 36. INTERPRETATION. WO. The word " seigniory," Wherever it occurs in this act, interpreta- ;shall be construed as meaning any part of a /e/, arWere-/ie/ *'°'>' • or seigniory held by a single individual, or by a corporation, ■or held by several persons in common (par indivis), as well as the whole of a fief, arriere-fief or seigniory, except in such parts of this act in which the words " arrilre-fief" and " sei- Seigniory. ^niory " are made use of to distinguish the fief dominant from the fief servant ; and the word "seignior" shall be construed Seignior, as meaning any corporation, or any sole proprietor, and all persons who are proprietors in common {far indivis) of any part of a Hef arriere-fief or seigniory, as well as any person or corporation, being sole proprietor, and all persons, proprie- tors jointly and par indivis of the whole of any such fief, . All the damages and sums of money, timber, goods and Moneys or chattels, benefits and advantages recovered or obtained by damages so such co-tenant as aforesaid, in any such action, shall be held to hetorlbt '" have been recovered and obtained, for the benefit of all the benefit of all co-tenants in common of the said lands, according to their re- Ints*^""**"" spective shares, rights and interests in the same, and the said co-tenant shall be accountable to them accordingly ; and pro- Proviso : vided, also, that judgment shall not be rendered in any such p'.aJntiffto action until after the plaintiff has given security, to the satis- fo'^ecmin" faction of the court in which such action is instituted, that he therefor. will duly account to his co-tenants, whenever required by them or any of them so to do, for all such sums of money, timber, goods and chattels, benefits and advantages, as he recovers or obtains under such judgment. 12 V., c. 62, s. 2. lO. And whereas, by letters-patent, bearing date the nine- Becital. teenth day of August, one thousand seven hundred and ninety- seven, five-sevenths part of the township of Bolton (a portion of which now lies in the township of Magog) were granted to Nicholas Austin and others, associates as tenants in common ; and whereas, under the provisions of an act passed in the ses- sion held in the tenth and eleventh years of Her Majesty's Reign, intituled: An act to facilitate the partiticm of lands, io-nv.,c.37. teTiements and hereditaments in certain cases in Lower Canada, proceedings were adopted before the Court of Queen's Bench, and were at the time of the pas.sing of the act twentieth Vic- toria, chapter one hundred and . thirty-nine, still pending before the Superior Court in the district of Montreal, for the purpose of effecting a partition of the said lands, but owing to the conflicting interests of the resident and non-resident proprietors, it had been found impoFsible to effect a partition thereof by the means provided by the said act ; and whereas, inasmuch as the obstacles which prevented the partition of the said lands were an inevitable consequence of the unwise and improvident character of the said grant, the Government and Legislature of the Province are bound in justice and equity to repair the injury thereby inflicted upon the resident proprie- tors, by adopting more efiicient means to secure them in their , holdings and quiet their titles thereto, therefore, in every in respect'of case where, on or before the tenth day of January, 1858, any ^'^'-'I'^V^ lands •1 , ■ L e T ■ 1 J 1, 1, • j.\. m Bolton and non-resident proprietor oi any undivided snare or shares m the Magog, when- lands so granted as aforesaid, has, by letter addressed by ever party in- himself or his attorney to the Provincial Secretary, declared given^notfcl that he desires to take advantage of the following provisions, of uppoint- and to have the value of his interest in the said lands estimated, ™.ator° an-""" and has appointed the peison he proposes to act for him as his other arbitra- arbitrator (arbitre), the Commissioner of Crown Lands for the tor to be ap-) time being, or, in his absence, the Attorney General for Lower ^•'fown, ^^^^ Canada, shall. appoint a fit and proper person to act as arbi- trator (arbitre) on behalf of the Crown. 20 V., c. 18P, s. 1. 422 PARTITION OF TOWNSHIP LANDS HELD IN COMMON. Appointment 11. The arbitrators (a/rbitres) so appointed shall, before pro- trato'/*^ *'''"" ceeding further, appoint a third arbitrator (tiers-arbitre), or if they cannot agree in their selection, a judge of the Superior Court in the district of Montreal shall, upon the application of Valuation either of the first named arbitrators, appoint a third; the repor . arbitrators (arbitres) so appointed shall proceed to value the undivided share of such non-resident proprietor in the said lands according to his titles and to principles of equity and justice ; and the decision of a majority of such three arbitrators shall be final ; and the said arbitrators, or a majority of them, shall address the report thereon, or a copy thereof duly certified, to the Commissioner of Crown Lands for the time being. 20 V., c. 139, s. 2. Compensa- 12. Upon receipt of any such report, and upon the sale and tcTb '" -anf'd conveyance by such non-resident proprietor to Her Majesty, upon the re- Her Heirs and Successors, of all his right, title and interest in port of the the Said lands, the Commissioner of Crown Lands, or, in his ab- sence, the Attorney General for Lower Canada, shall, in Her Majesty's name, grant, sell and convey in Her Majesty's name, to such non-resident proprietor, an extent of the ungranted lands of the Crown equivalent to the amount at which his share, title and interest in the said lands have been estimated by the said arbitrators in such report, or shall, at his option, deliver to him a certificate entitling him to purchase ungranted lands of the Crown lying in the said township of Bolton or Division of elsewhere, to an extent equivalent to such amount ; and so undivided gQQ^ g^g ^he Crown has become possessed of all the undivided quired by the shares of each of the non-resident proprietors who have dispu- Orown. ted or will persist in disputing the titles of the resident pro- prietors, the Governor shall appoint three fit and proper persons to enquire into and report upoti the best and most equitable mode of dividing or partitioning the lands so granted as afore- said, between the Crown and the resident proprietors, and of quieting the titles of such resident proprietors to their lawful holdings, with a view to eft'ecting such object by further and final legislation. 20 V., c. 139, s. 3. Commission- IS. And in investigating the said titles, and in making bound'by "the ^^^^ enquiry and report, the said commissioners shall not be strict rules bound to follow the strict rules of law either as to the inter- of law. pretation of the titles or as to the evidence which they think proper to have adduced before them ; but they shall be govern- ed in all matters connected with such investigation aind report by broad principles of equity and justice, and by a due regard to the peculiar position in which the parties interested in the , said lands so granted as 'aforesaid have been placed. 20 V., c. 139, s. 4. Powers of 14. The commissioners so to be appointed shall have the commission- ^g,^^ powers as the judges of the Superior Court, within their jurisdiction, to compel the appearance of witnesses and the pro- MONUMENT AT ST. FOY. 423 oduction of all papers, plans and documents required for the purposes of this act. 20 V., c. 139, 's. 5. 15. And the Governor shall, by order in council, from time Governor to time, upon the report of the Attorney General for Lower {^nda^in^com- •Canada, order the Commissioner of Crown Lands to grant certi- penaation of iicates for the purchase of Crown lands, either in the said ''osts. township of Bolton or elsewhere, for the amount of taxable ,-.and duly taxed costs incurred by the parties to the proceedings now pending as aforesaid, as well as for the costs of the arbi- trators and commissioners to be appointed as hereinabove provided. 20 V., c. 139, s. 6. 16. The six next preceding sections shall apply only so far Application as any proceeding or thing therein required has not been prececUag .already had or done under the act twentieth Victoria, chapter sections. one hundred and thirty-nine. • IT. In this act, — the word " person, " as applying to a tenant Interpreta- in common, includes any number of persons or any corporation, *""^- or other property having that quality, — the term " non-resident proprietor," whether in the singular or the plural number, .applies only to persons who have not, either by themselves or their predecessors, cultivated or improved any portion ■of the land claimed by them. 25 V., c. 139, s. 7. Extended to all the act. 27-28 VICTORIA, CHAPTER 55. (Canada.) An act to declare the monument erected at St, Foy, to tlie memory of the brave men of seven- teen hundred and sixty, to be public property. [^Assented to 30<^ June, 1864.] WHEREAS La Societe Saint-Jean-Baptiste de Quebec have. Preamble, by their petition to the Legislature, represented that that rsociety, being desirous of perpetuating the memory of the brave men, French and English, victors and vanquished, who fell in the battle known as the battle of St. Foy, on the twenty-eighth of April, one thousand seven hundred and sixty, determined in the year one thousand eight hundred and fifty-four, to erect a monument, to them on the site of the action, and as near as possible toDumont's mill, so famous in the history of the battle ; that with this purpose the said society, in the year one thou- sand eight hundred and fifty-five, purchased the ground required for the site of the monument, and that, on the eighteenth of July in the same year, the corner-stone thereof was laid by His Excellency Lieutenant-General Rowan, C.B., then administrator of the Government of Canada ; that by the aid of voluntary subscriptions from divers parts of the Province and from all 424 MONUMENT AT ST. FOY. The monu- ment and its appurtenan- ces and site declared public prop- erty forever. Proviso. classes of Her Majesty's subjects of every origin, the society" succeeded in completing a column on the historical ground of SL Foy, and crowning it with a statue, presented by His Imperial Highness Prince Napoleon Bonaparte ; and that, on the nine- teenth of October, one thousand eight hundred and sixty-three,., the monument was inaugurated by His Excellency the Right. Honorable Charles Stanley Viscount Monck, Governor General of British North America ; and that the society, considering that a monument thus erected by subscriptions from all parts of the Province, and from Canadians of every class and origin,, is essentially national, is desirous that it should be declared public property, and has prayed that an act should be passed for that purpose, and it is right to grant their prayer ; There- fore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows :. 1. The monument mentioned in the preamble, and the appurtenances, and site thereof, that is to say, the lot of ground, purchased by the said society from Demoiselle Julie Henriette- Guillet dit Tourangeau, by deed passed before Maitre Philippe Huot and his colleague, notaries public, at Quebec, on the nineteenth of June, one thousand eight hundred and fifty -iive, . and lying in the banlieue of the city of .Quebec, on the St. Foy road, formerly constituting part of the property of the said Demoiselle Tourangeau, and containing sixty feet in front by sixty feet in depth, French measure, bounded in front, towards- the south, by the St. Foy road, in rear, towards the north, and on the east and west sides, by the land of the said Demoiselle Tourangeau, and being, the said lot of ground, at the distance- of one hundred and twenty-six feet from the land of Julien Chouinard, Esquire, and having its side lines parallel to the line of division between the said Demoiselle Tourangeau, and the said Julien Chouinard, Esquire, as shown in the plan annexed to the said deed, shall, by virtue of this act, cease to- be the property of La SocieU Saint- Jean-Baptiste de Quebec- aforesaid, and shall be and are hereby vested in Her Majesty as public property for ever ; provided that nothing herein con- tained shall affect the claims of any creditor of said society whose claims arise from the construction of the said monument,, and that the said monument and the appurtenances thereof shall be kept in repair by and at the expense of the said society .- Public act. 2. This act shall be deemed a public act. LAW iEDE. — EETEAIT LIGNAGEK. 425 CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 52. An act respecting the repeal of the Law Ji]de. HER MAJESTY, by and with the advice and cons^ Legislative Council and Assembly of Canada, consent of the ^ ^ , enacts as follows : 1. Whereas the Law -<^dle, whereby the landlord or propi'ietor Recital. had a right to go into possession of the house leased and evict his tenant therefrom before the expiration of the lease, for the purpose of occupying himself the premises, ought to be repealed, — ^therefore, so far as respects the right above mentioned, the said Law ^de is repealed ; and it shall not be competent to Law JEde re- any landlord or proprietor, upon any lease made after the four- fg^^ses made teenth day of June, 1863, to evict his tenant under or by any after i4th such law for the cause aforesaid, unless the said right has been "^""®' ^^^^- expressly reserved by the lease, and in that case at least one month's previous notice shall be given, unless it be otherwise stipulated in the lease. 16 V., c. 204. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 53. An act respecting the abolition ofretrait Ugnager. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The right of retrait Ugnager and all rights of action Eight of re^ resulting therefrom or contingent thereupon, are abolished, and abolisS^*'''' the seventh title of the custom of Paris and the articles com- posing the same are annulled and repealed. 18 V., c. 102, s. 1. 2. Proceedings arising out of the retrait Ugnager pending Proceedings, before and on the thirtieth day of May, 1855, before courts of ^oth SSfyr iustice, shall not however be affected hereby. 18 V., c. 102, s. 2. 1855, not " affected. 426 MINING RIGHTS. Presmble . Sale or other "transfer of mining rights separate from tlie soil, to be valid without actual tradi- "tiou if duly- registered. Eegistration of transfers made before the passing of this act, how made. 24 VICTORIA, CHAPTER 31. (Canada.) An act respecting mining rights. [Assented to 18th May, 1861.] WHEREAS doubts have arisen as to the extent of the rights of purchasers of mining claims and privileges severed from the soil ; for remedy thereof, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — Section 1 of this chapter is superseded by the Civil Code, but is printed here to explain sectons 2 and 3 which remain in force. 1. The sale, lease or other transfer, by the owner or grantee of the real property, of any mining right or privilege of exploration for any mine, mineral, coal, oil or other mineral substance, or quarry, with or without the power of working the mine or right of access and egress thereto and therefrom, if duly re- gistered in the registry ofSee of the registration division within which the real estate in question is situate, shall vest in the purchaser, according to his rank and priority, the property therein, to the extent expressed in the contract so registered, and he shall be as fully seized and possessed thereof as though he had obtained actual tradition and seizin, and no subsequent sale, lease or other transfer, by the owner or grantee of the real property to any third party, of the property in, upon or respecting which such first mentioned sale, lease or other transfer, by the owner or grantee of the real property, was made, shall defeat, weaken or injure the same. 2. Provided, always, that the registration of any such sale, lease or other transfer as aforesaid, made before the passing of this act, may be made within sixty daj's after the passing there- of with the same effect, and shall give the same rank and priority as if such registration had been made immediately after the making of such sale, lease or other transfer. Act limited *oL. C. 3. This act shall apply to Lower Canada only. CADASTRE. 427 38 VICTORIA, CHAPTER 15. (Quebec.) ^ An act to amend and extend article 2175 of the Civil Code, respecting the cadastre. [Assented to 2Srd February, 1875.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 3 of this chapter is consolidated {a/rticles. M77,5678, 6679 and' 5847 R S. Q.). Sections 1, ?., Ip and 5 remai/n in force as follows : 1. Any property designated, by a single number on the plan Cadastration ■and in the book of reference of any registration division, or part ^[y^^edbe-' of such division, which has been sold in parts, or by lots, befdre tween the the passing of this act, between the closing of any cadastre and pry>a''atioii • • • Of/ ^ fliUcl closiQ&r the coming into operation of article 2168 of the Civil Code, in of the cadas- the said division or part of a division, might have been and t^e. may be subdivided and cadastrated in the name of the original V. proprietor, specified in the said book of reference, after such i' (toming into operation ; provided that the formalities prescribed ; by article 2175 of the Civil Code were observed ; and the said -article 2178 of the Civil Code is interpreted in such sense. Every division made as above is valid. The parts sold of the said subdivided property shall be known and designated by the numbers on the plan and book of reference of the subdivision of such property, and inscrip- tions made on these lots shall be good and valid for all purposes Inscriptions, ^whatsoever. 2. , In the case where a property, before the passing of this Cadastral act, has been subdivided and sold by lots, without there pre- aftetsale°s° viously having been a plan and book of reference prepared according to article 2175 of the Civil Code, the Commissioner of Crown Lands may, on requisition addressed to him by a majority ■of the persons interested, permit that a plan and book of refer- ence of the subdivision of such property be made ; provided that the following formalities be observed : 1. A plan shall be made bearing numbers as ordinary sub- divisions, also a book of reference corresponding therewith, which shall be signed and certified as correct by the parties interested, and addressed, with a copy of such plan and book of reference, to the Commissioner of Crown Lands, who shall keep the. original, and remit such copy certified by him, to the regis- trar of the registration division ; 2. The registrar shall then prepare his index to immovables, for such property thus cadastrated, in his index book for the subdivisions ; 428 CADASTRE. Efifect of this section. 3. On certificate of the registrar of the deposit of the plan and book of I'eference of such division thus made, the Lieutenant- Governor in Council shall issue a proclamation by which he shall order that all the hypothecs particularly affecting any of the lots mentioned in the said plan and book of reference, and not including the hypothecs affecting the whole property thus divided, be renewed within a delay of six months, to be com- puted from the day fixed in such proclamation, and in default of such renewal being made, any person who has not conformed to the provisions of this section shall lose his rank of priority of hypothec ; 4. The cost of such plan and book of reference shall be borne by the persons interested. The provisions of the present section shall only apply to facts anterior to the passing of the present act, and must not be interpreted as permitting for the future the making of plans and books of reference, otherwise than in conformity with the provisions of the said article 2175, and of the present act. Pending cases. Coming into force of this act. 4. Nothing contained in this act shall be interpreted so as to affect cases actually pending. 5. This act shall come into force on the day of the sanction thereof. ; Preamble, 48 VICTORIA, CHAPTER 26. (Quebkc.) An act to extend certain provisions of the act 38 Victoria, chapter 15, respecting the cadastre. [Assented to 9th May, 1885.] WHEREAS, since the pas-sing of the act 38 Victoria, chapter 15, certain proprietors have subdivided and sold, in lots, certain lands, without having previously prepared a plan and book of reference, as required by article 2175 of the Civil Code ; and whereas serious inconvenience has arisen to the actual hold- ers of such lands ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Application ofactSS v., c. 15, s. 2. Coming into force. 1. The provisions of the act 38 Victoria, chapter 15, section 2, are continued and apply to what has taken place previous to the passing of this act, but shall not be interpreted as per(nit- ing, for the future, the making of plans and books of referen^, otherwise than in accordance with the provisions of the said article 2175 of the Civil Code and of the said act 38 Victoria, chapter 15. 2. This act shall come into force on the day of its sanction. BEGISTEATION AND BOOKS KEPT BY BEGISTRAKS. 429 32 VICTOKIA, CHAPTER 25. (Quebec.) An act to amend chapter 37, of the Consolidated Statutes for Lower Canada, and also the act 27- 28 Victoria, chapter 40, of the Statutes of the late Province of Canada, respecting registration and the books kept by registrars. [Assented to 5th April, 1869.] WHEREAS the index or repertories, registers and other Preamble, books kept in each registration office, in conformity with chapter six of title eighteen of the Civil Code of Lower Canada, are liable to be impaired by continued use; and whereas to pre- vent errors and omissions which may result from such deteriora- tion, it is expedient to provide for the making of authentic copies thereof ; and whereas the plans and books of reference, which the Commissioner of Crown Lands is bound to prepare taider chapter 37 of the Consolidated Statutes for Lower Canada, the act 27-28 Victoria, chapter 40, and articles 2166 and 2167 of the said Civil Code, cannot be filed by the said Commissioner in the oflSce of the registrar of any registration division, until the plans and books of reference of all the localities, included in the said iregistration division, have been made for the whole divi- sion ; and whereas, in the public interest, it is desirable that the plan and book of reference of any city, town, village, parish, township or part thereof, be, whenever the same is deemed necessary, filed separately and alone, and that power be con- ferred upon the Lieutenant-Governor in Council to announce by proclamation the filing of the said plan and of the said book of ■reference for a part only of the registration division, and to fix the day on which the provisions of article 2168 of the said Civil Code shall come into force in such part of the said division ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is consolidated (articles 5681 and .S84SR. S. Q.) with the exception of sections 7, 8, 9, 1'2, 13 and H, which remain in force as folloius : 7. That part of the township of Acton comprised within the Part of Acton limits of the parish of St. I'ulgence de Durham forms part, and *°J';='t°°§J° has, since the fifteenth day of October, eighteen hundred and dir.ofBagot. sixty -one, always formed part of the registration division of the county of Bagot ; provided, always, that documents respecting Proviao. property in the aforesaid part of the township of Acton, which shall, since the day aforesaid, have been enregistered in the registry office for the county of Drummond, are good and valid, in so far as respects registration, without prejudice to rights acquired by third parties. 430 REGISTRATION AND BOOKS KEPT BY REGISTRARS. Part of St. Hyacinth the Confessor to belong to re- gistration di- vision of county of St. Hyacinth. Proviso. 8. That part of the parish of St. Hyacinth the Confessor . which heretofore formed part of the parish of Ste. Rosalie,, forms and has always formed part of the registration division of the county of St. Hyacinth ; provided, always, that the documents respecting property in the aforesaid part of the said parish, which shall have been enregistered in the registry office of the county of Bagot, are good and valid, in so far as respects the registration thereof, without prejudice to rights ■ acquired by third parties. Part of Kit- 4>. That part of the township of Kildare comprised within dare to belong ^j^e limits of the parish of St. Liguori forms part, and ever tion^divisfon since the thirtieth day of June, one thousand eight hundred of Montcalm, and sLxty four, has formed part of the registration division of Proviso. the county of Montcalm ; but, nevertheless, all documents relating to property situated in the said part of the township of Kildare, which since the last mentioned date may have been registered in the registry office of the county of Joliette, are good and valid, in so far as their registration is concerned,, without prejudice to the rights of third parties. Part of parish 12. That part of the parish of St. Jacques le Mineur, which' 1^ m'' ■'^^'^'l"®^ is included in the county of Napierville for purposes of regis- belong to re- tration, has been, ever since the second day of November, one gistratiou di- thousand eight hundred and sixty-seven, the day on which the ■ tingdon. " " provisions of article 2168 of the Civil Code came into force in the first registration division of the county of Huntingdon, and shall, for the future, be comprised within the said registration . division. As to regis- trations nith- erto made affecting property in said parish. Delay for re- gistration of hypothecs on property^ in said pariah. 13. All registrations, and all renewals of registration, of real rights affecting immovables situate in the said part of the parish of St. Jacques le Mineur, made and effected since the said second day of November, one thousand eight hundred and sixty-seven, in the registry office of the county of Napierville, and in the registry office of the first registration division of the county of Huntingdon, or in either of the said registry offices,, are hereby declared to be good and valid to all intents and purposes, without prejudice however to acquired rights. 14. Notwithstanding the delay fixed by the proclamation of the Governor General of the late Province of Canada, dated the twenty-eighth day of June, one thousand eight hundred, and sixty-seven, declaratory of the coming into force of article 2168 of the Civil Code, in the said first registration division of the county of Huntingdon, and notwithstanding the provisions of the Civil Code in that respect, all renewals of registration of hypothecs on property situated in the said part of parish of St. Jacques le Mineur, which shall not have been made on the second day of May next, may be effected within eighteen months. after that day. DOWERS AND SERVITUDES. 431 44-45 VICTORIA, CHAPTER, 16. (Quebec.) An act to order the registration of customary dowers and servitudes in certain cases not pro- vided for by law. [Assented to SOth June, 1881.] TTER MAJESTY, by and with the advice and consent o£ the -U- Legislature of Quebec, enacts as follows : I Note. — Section 5 of this chapter is consolidated (art. 5834 R. 8. Q.) The remainder, although temporary, is printed here as reference. 1. Article 2116 of the Civil Code shall, in future, apply to Art. 2116 C. customary dowers created before the 1st of August, 1866, on <^- to apply 1 which day the code came into force. tomarv dow- era. 2. Nevertheless, a delay of two years, counting from the Delay aiiow- coming into force of this act, is granted to parties interested "^j"^"^^" in maintaining such dowers, in order to enable them, in the ^'^ ^'^' event of its not being already done, to effect the enregistration mentioned in the said article 2116, after which delay such dowers, if not registered, shall be null and void and have no effect as regards third parties who shall have become propri- etors or creditors subsequent to the passing of this act, and who shall have enregistered the titles giving them a claim upon the immovables originally subject, or which may have since become subject, to dower. 3. As to immovables which may devolve upon the husband immoTabies and become, after such delay of two years, subject to any dower devolving to then maintained by being enregistered at the proper time, such^delay ^^ they shall remain subject to the enregistration prescribed by subject to the said article 2116. registration. 4. Third parties, who shall have subsequently become pro- Who may prietors or creditors and" shall have enregistered their titles, gJiyeVof w" may nevertheless alone claim the benefit of the default of of registra- registration, with respect to immovables so acquired by the ^'°"- husband after the said two years. *********** 6. A delay of two years, dating from the coming into force Delay aiiow- of this act, is granted to the parties interested, for enregistering ^4 ^°^ ?°i'e- . the servitudes above-mentioned, created before the coming into fervitudea." force of this act, after which delay, if they be not enregistered, such servitudes shall be inoperative as regards third parties who may, subsequently, become proprietors or creditors, and whose rights have been or shall have been enregistered. 7. Within two years after the coming into force of this act, Eenewal of in registration divisions in which the cadastre is now in force, registration. 432 DOWERS AND SERVITUDES. «f servitudes within two years next after the coming into force of the cadas- «a3e^''^'° tre, in the other registration divisions, the enregistration of any- conventional servitude affecting any lot of land included in such registration division must be renewed by means of a tran- scription in the books kept for that purpose, of a notice de- scribing the immovable affected in the manner prescribed by article 2168, and by observing the formalities required by article 2131 of the Civil Code. Publication, Ac, of this act by regis- trars. 8. Within one month from the receipt of this act, and of the schedule hereto annexed, every registrar, prothonotary of the Superior Court, or clerk of the Circuit Court, to whom the Government shall have sent a copy of the said act and schedule, shall read or cause the same to be read publicly at the door of the parish church or of the principal church of the locality, in which is situated the registry office or court, on each of the four Sundays following such receipt, and shall post up the schedule on the door of the church, and in some conspicuous place in the registry office or office of the court, in which such office he shall keep the same posted up during the entire period of the delay of two years, mentioned in the preceding sec- tions. 9. The prothonotary or clerk shall also read such schedule publicly on the first day of each of the four terms of the Supe- Publication, Ac, of scbe- thonotaries." rior or Circuit Courts, following such receipt. Wlio may- publish if no fiuch officers. Act in force. 10. In places where there is neither prothonotary, clerk, nor registrar, the above formalities shall be fulfilled ynutatis 7)iuta7j,dis by the public officers or all other public persons to whom the above act and schedule shall have been forwarded by the Government. 11. The present act shall come into force on the day of its sanction. SCHEDULE. PUBLIC NOTICE Is hereby given, that in virtue of the act 44-45 Victoria, chap. 16, article 2116 of the Civil Code is declared to apply to cus- tomary dowers created before the 1st of August, 1866 ; That in virtue of the said act, all the said dowers shall be- come null and -s^oid, unless they be enregistered within two years from the passing of the said act, as regards third parties who may become proprietors or creditors after the passing of the act, and who shall have enregistered the titles giving them claims upon the immovables originally subject, or which here- after become subject, to dower ; DOWERS AND SERVITUDES. 433 That with respect to immovables which may devolve upon i;he husband and become, after the expiration of such delay of two years, subject to any dower then maintained by being en- gistered at the proper time, they shall remain subject to the -enregistration prescribed by the said article 2116. Also, that, in default of th^ enregistration of the deed creat- ing the same, no real, discontinuous and unapparent servitude Tiereafter created and constituted by title shall have any effect -as regards third parties who may subsequently become propri- -^tors or creditors, and whose rights have been or shall have been enregistered ; That a delay of two years, dating from the coming into force -of this act, is granted to the parties interested for the en regist- ration of the servitudes above mentioned created before the -coming into force of this act, after which delay, if not enre- gistered, such servitudes shall become inoperative as regards third parties who may become proprietors or creditors subse- quent to the passing of this act, and whose rights have been •or shall have been enregistered. 46 VICTORIA, CHAPTER 25. (Quebec.) An act to amend the act 44-45 Victoria, chapter 16, to extend the delay for registering the cus- tomary dowers and servitudes mentioned there- in, and to provide for a more efficient publica- tion of the said act. [Assented to SOtli March, 1883.] XTER MAJESTY, by and with the advice and consent of the ■'--'- Legislature of Quebec, enacts as follows : Note. — Section 1 of this chapter is mentioned at art. 5834 R. S. Q., but the whole, though temporary, is printed here for ■reference. 1. The act 44-45 Vict., chap. 16, is amended in such manner 44-45V.,c. le, ■that the delay of two years, mentioned therein, for effecting amended and the registration of customary dowers, created before the first gisfratio"^" of August, one thousand eight hundred and sixty-six, as well thereunder -as real, conventional, discontinuous and unapparent servitudes, ^^^^^i^^^- created before the coming into force of the said statute, shall be extended to the first day of May, one thousand eight hun- dred and eighty-four. 2. The registrars, prothonotaries of the Superior Court, or Posting and clerks of the Circuit Court, to whom the Government shall have S?gched*u°e to transmitted a copy thereof, shall post or cause to be posted up, act by regls- in a conspicuous place in their respective offices, the schedule to thonotari^"^"" the act 44-45 Vict., chap. 16, adding at the foot thereof the &c. '^^' 28 434 DOWERS AND SERVITUDES. Idem. Publication thereof by city clerks, &c. Idem. Proof of such publication. Penalty for refusing to make such publication. schedule to this act, and shall keep them so posted up until the- first day of May, one thousand eight hundred and eighty-four.. The prothonotaries or clerks shall also read aloud these sche- dules on the first day of each term of the Superior or Circuit- Court, from the date of the reception thereof until the first day of May, one thousand eight hundred and eighty -four. 3. City clerks and secretary-treasurers of towns, villages or other municipalities in this Province, to whom the Government- shall have transmitted a copy of the act 44-45 Vict., chap. 16,. with its schedule, as well as of this act also with its schedule, shall each and every of them, read out the same, at the first meeting of their respective councils which shall follow the reception thereof, and shall make a special entry in the minutes- of such meeting, certifying that such acts have been duly read. The said oflficers shall also, during the month of July next, one thousand eight hundred and eighty-three, and in the manner provided for the publication of ordinary municipal by-laws,, read or cause such acts to be read, and post up or cause to be posted up the schedule to the act 44-45 Vict., chap. 16, adding at the foot thereof the schedule to this act. Such publication shall be certified under oath by the person MJ^ho shall perform the same, and his certificate, annexed to the act, which he shall have so read and posted up, shall be filed with the council of the municipality to whom it may appertain, in order that it may form part of its archives. 4. Such of the officers, above mentioned, as shall refuse or neglect to publish this act, shall, upon conviction of such refusal or neglect before a court of competent jurisdiction, be condemned to a fine of twenty dollars or imprisonment of fifteen days in default of payment. Act in force. 5. This act shall come into force on the day of its sanction.. SCHEDULE. The delay, above granted by the act 44-45 Vict., chap. 16, for the enregistration of the customary dowers and servitudes- therein mentioned, is, in virtue of the act 46 Vict., chap. 25„ extended to the first day of May, 1884. REGISTRY OFFICES. 4^0 47 VICTORIA, CHAPTER 15. (Quebec.) An act to amend the act 44-45 Victoria, chapter 16, to extend the delay for registering the customary dowers and servitudes mentioned therein. [Assentedto 10th June, 1884.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 1 of this chapter is mentioned at article 5834. -S. >Si. Q., hut the whole, though temporary, is printed here for reference. 1. The act 44-45 Victoria, chapter 16, as amended by the act 44-45 T,, c. 46 Victoria, chapter 25, is amended in such manner that a i6i,anien"ie^ further delay for effecting the registration of customary dow- tended to 1st ers, created before the first of August, one thousand eight ■Ia»»ary,i885. hundred and sixty-six, as well as of real, conventional, dist continuous and unapparent servitudes, created before the coming into force of the said act 44-45 Victoria, chapter 16, shall be granted to the first day of January, one thousand eight hundred and eighty-five. 2. The said delay expired, such unregistered customary Eifect of;non- dowers and servitudes shall be null and become extinguished ™f J,Yn*x-" for all purposes whatsoever, as regards purchasers and hypo- tended delay, thecary creditors. , 3. This act shall not affect rights acquired, in virtue of tlie Acqnired said act 44-45 Victoria, chapter 16, by third parties and cred- "ffe'[,ted.°* itors as against such dowers and servitudes. 4. This act shall come into force on the day of its sanction. Coming inta> force. 2. EBGISTRY OFFICES. Note. — The following acts, respecting the erection of cettdtin registry offices, although of a local nature, are nevertheless printed here, as liable to affect a great many persons in the Provvnce who may be interested in the various deeds und docu- ments registered in such registry offices. 436 EEGISTRT OFFICES — MONTREAL AND QUEBEC. 34 VICTORIA, CHAPTER 10. (Quebec.) • An act respecting the registry offices in Montreal and Quebec. [Assented to 24ith December, 1870.] Preamble. XIT'HEREAS the apartments now occupied in the court- * ' houses o£ Montreal and Quebec by the registrars of the registration divisions of Montreal and Quebec, respectively, have become insufficient since the plans and books of reference have been deposited in such two registry offices ; and whereas there is no room in the said court-houses aval] able to enlarge the said offices, and thereby facilitate public access to the said plans and books of reference ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Lieut. -Gov. in Council may order the building or purchase of r^igtry offi- ces an Quebec and Montreal. Transfer of office to be declared by .proclamation. 1. The Lieutenant-Governor in Council may order the con- struction, within the limits of the cities of Quebec or Montreal, as the case may be, of a building or edifice to avail as a re- gistry office for either or both of the registration divisions of Quebec or Montreal, and may also order the purchase, or lease, or the use of a building or edifice suitable for the purpose aforesaid. 2. When the Lieutenant-Governor is convinced, that a fire- proof vault, for the purpose of containing in safety the books and papers of the registry office, has been constructed to his satisfacticm or exists within the said building or edifice, and that the said building or edifice, is prepared for the reception of the said registry office, the said Lieutenant-Governor in Coun- cil may declare by proclamation, that the registry office of the registration division of Quebec or Montreal, as the case may be, shall be transferred and kept in such edifice or building, either permanently or temporarily, from the day which shall be appointed in the said proclamation. 38 VICTORIA, CHAPTER 17. (Quebec.) An act to divide tlie registration division of Mon- treal into three registration divisions. [Assented to 23rd February, 1875.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 10 of this chapter is consolidated. Th£ remainder is repealed by Jfi-SO V., c. 96, s. 17, with the excep- tion of section 9, which is in force as follows : REGISTRY OFFICES — OTTAWA. 43.7 9. The fees exigible and received for registrations etfected Feeb exigibte. in the registration division of Montreal, under the act of the late Province of Canada, 12 Vict., chap. 112, and under the act of the said Province, 29-30 Vict., chap. 28, shall continue to be paid and received in the various registration divisions by this act established, until they are revoked, altered or changed according to law. 36 VICTORIA, CHAPTER 31. (Quebec.) An act to change the chef-lieu of the county of Ottawa, for municipal and registration pur- poses, from Aylmer to Hull. [Assented to 2Uh December, 1872.] WHEREAS, by petition from the municipal council of the Preamble, county of Ottawa, in this Province, it appears that there are special and urgent reasons for the removal of the chief place (chef-lieu) of the said county, from the village of Aylmer, to the place known as the village of Hull, in the township of HuU,.in the said county, for municipal and registration pur- poses incident to the said county ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 1 of this chapter is mentioned at the end of article 72 of the Revised Statutes of Quebec. 1. The municipal council of the county of Ottawa, in the ^^^^^^l^ ^^ Province of Quebec, shall, in and for all matters municipal or ^t hVr ^ thereunto relating, pertaining to the said county, henceforth ever hereafter have its chief place {chef-lieu), to wit : for its sessions and business in general, in the place known as the village of Hull, in the township of Hull, in the said county of Ottawa ; and the same shall be for all such purposes, and for all the purposes of this act, the chief place (chef -lieu) of the said county, in the sense in which such local designation is used or meant in the Municipal Code of the Province of Quebec, or in any statute or law, in so far as regards the objects of this act ; and to such end, such chief place (chef-lieu) is hereby changed and removed from the village of Aylmer to the said place known as the village of Hull, and there to be and remain. 2. It shall be competent for the s&,id municipal council of ^*"^^'^Joi|'^^ the county of Ottawa to provide for the construction ^^"^nviLtoI^. maintenance, in such chief place (chef-lieu), of a registry office safe i-egiatry of and for the said county, with a suitable and sufficient hre- «"»««• proof vault for the preservation of all books, deeds, documents, maps, plans, paper.?, and all other things pertaining to such 4S8 KEGISTRY OFFICES — TADOUSSAG. M. C. arts. 512,513,514, 515, 516, 517. office, the whole in accordance with the requirements of law in such case for such safeguard ; and to that end, the said council may purchase or accept in gift or otherwise, on such terms as the council may deem proper, any piece or lot of ground in the said new chief place (chef -lieu); the whole in accordance with, and subject to articles 512, 513, 514, 515, 516 and 517 of the said Municipal Code of the Province of Quebec, all which, in so far as may be compatible with this act, shall remain in full force in this behalf. "When suit- 3. Whenever a suitable and sufficient building, with fire- ?^K ''"'''''"S proof vault as aforesaid, shall have been constructed as author- Tided registry ized by this act, it shall be competent for the Lieutenant-Gov- office to be at ernor in Council of this Province, to establish by proclamation prociama- ii Ordinary course, the registry office of and for the said county tion. of Ottawa, in the said new chief place (chef-lieu), at present known as the village of Hull, on and from a day certain to he appointed in such proclamation ; and all registrations required by law to be made in the registry office of the said county shall be, thenceforth, there made ; and all the books, deeds, documents, maps, plans, papers, and all other property belong- ing to the said office, shall be then forthwith moved from the village of Aylmer, to such new registry office in the village of Hull aforesaid, the whole according to law. Prcambie. 49-50 VICTORIA, CHAPTER 24. (Quebec.) An act to establish a registr)^ office at Tadoussac, for the county of Saguenay, and foi' that pur- pose to detach the latter from the first registra- tion division of the county of Charlevoix. [Assented to 21.si June, 1886.] ''S^T'HEREAS tlie very great extent and distance of the * * county of Saguenay makes it inconvenient to register deeds at Malbaie, and, consequently, it is necessary to establish a registry office in such county ; Therefoi'e, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Saguenay de-' 1. The County of Saguenay shall, for the purposes of regist- (^harl'evoi.r ration, be detached from the first registration division of the for registra- county of Charlevoix, and shall, iu future, form a registration tion pur- division by itself, poses. ■' Registry office 2. On and after the day fixed for that purpose by proclama- for Saguenay. ^^^^ ^f ^.j^^ Lieutenant-Governor, the county of Saguenay shall have a registry office, which shall be held at Tadoussac, for all purposes whatever. REGISTERS OF CIVIL STATUS.,- 439 S. The present registrar shall, without new appointment, be Present reg- the registrar of the first division of the county of Charlevoix, 'Jtldefoix the office whereof is situated in St. Etienne de la Malbaie. continueTiu office. 4. A registrar may be appointed, at any time after the com- Registrar for inginto force of this act, for the registration division of the ^^^'^bea'''- • county of Saguenay, as soon as a suitable building and fire- pomted.*^' proof vault have been built at Tadoussac at the costs and ■charges of the municipalities interested, and such registrar shall enter into office on the day which shall be fixed by proclama- tion of the Lieutenant-Governor, issued under the second sec- tion of this act. 5. This act shall come into force on the day of its sanction. Coming into force. 3. KEEPING OF REGISTERS OP CIVIL STATUS IN CERTAIN PLACES. Note. — The folloiving arts, respecting the keeping of regis- ■ters of civil status, although local, are 2}i"inted here as being of i/nterest to inany in this Province. 24 VICTORIA, CHAPTER 28. (Canada.) An act to amend chapters eighteen and twenty of the Consolidated Statutes for Lower Canada, respecting the erection of parishes and the re- gistration of marriages, baptisms and burials. [Assented to 18th May, 1861.] ~\l\f HEREAS it is expedient to amend chapters eighteen and Preamble. ' ' twenty of the Consolidated Statutes for Lower Canada, in the particulars hereinafter set forth ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council ..and Assembly of Canada, enacts as follows : 1. Registers of baptisms, marriages and burials shall be kept Registers to by the priest being then the vicar of the parochial subdivision t^g^p^jgg^ ■of St. Hubert, in the parish of Longueuil, in the county of ricar of St. Chambly, and having, under the control of the cvA-d of Lon- Hubert. .gueuil, the charge of the chapel of ease in the said parochial subdivision, and ministering unto the congx'egation thereof, ac- cording to the i-ites of the Roman Catholic Church, and by ap- ■pointment of the ecclesiastical authorities thereof, in which registers he and his successors shall enregister regularly and successively all baptisms, marriages and burials, so soon as the same have been by him or them performed. 2. All the enactments, provisions, requirements and penalties Enactments, ■of the act respecting registers of marriages, baptisms and °^ <=^P- ^O- 440 REGISTERS OF CIVIL STATUS. Con. Stat. L. burials (chapter twenty of the Consolidated Statutes for Lower- C, to apply. Canada) shall apply to the registers to be kept under this act,., and the priest keeping or having the custody of the same, and to all entries therein or extracts therefrom made or certified by such priest as aforesaid or by his successors in office, or by the prothonotary having the custody of any duplicate thereof, — and such entries and certified extracts shall be received as evidence in all courts, as fully to all intents and purposes as if the said parochial subdivision of St. Hubert were a Roman Catholic parish, and the priest ministering as aforesaid were ■ the pi-iest or cur^ thereof. Provision if 3. Whenever the said parochial subdivision shall become a . becomes^r Parish, the registers kept under this act shall become the re- parish, gisters thereof, and shall be continued and kept by the priesi- thereof for the time being, as the successor of the priest^vicar- hereby authorized to keep the same, and shall be considered and dealt with in all respects as registers of such parish kept, under the act above cited. Registers to 4. The Roman Catholic Bishop of Montreal, or any priest C Cathedral being a member of the chapter, or ministering in the Roman at Montreal, Catholic Cathedral in the city of Montreal, may keep registers- though not a gf baptisms, marriages and burials performed in the said cathe- church. dral, which is not the parish church, in the same manner and with the same effect as if the said cathedral were succursale. to- the said parish church ; and to such registers all the provisions . of the act eighteenth Victoria, chapter one hundred and sixty- three, and of chapter twenty of the Consolidated Statutes for- Lower Canada, shall apply in so far as they are consistent with this act. Certain pa- 5. Every parish in Lower Canada to and in which a rector- finned "as"' (cur^ has been appointed to minister during ten years before such, though the passing of this act, and in which, as a parish, registers have tion^beVant- ^^^^ kept during the same period for the registration of mar- ing. riages, baptisms and burials, is declared to be and to have been a parish within its recognized limits, notwithstanding the absence - of proof of the canonical or civil erection of such parish. Public act. <». This act shall be deemed a public act. 25 VICTORIA, CHAPTER 16. (Canada.) An act to amend chapter twenty of the Consoli- dated Statutes for Lower Canada, intituled: An act respecting registers of marriages, bap- tisms and burials. [Assented to 9th June, 1862.] Preamble. T^HEREAS Circuit Courts are now established in most of" ' ^ the counties of Lower Canada, and it is thus easy ta» REGISTERS OF CIVIL STATUS. 441 have the registers of marriages, baptisms and burials authen- ticated in each county ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — This chapter is superseded by the Civil Code and the Code of Civil Procedure with the exception of section 6, which remains in force as follows : 5. The Eight Eeverend Thomas Cook, Roman Catholic Registers in Bishop of Three Rivers, and his successors, or the person S?'.''^?,''.^'^.'**' administering the Roman Catholic Diocese of Three Rivers, and St. Hya- or any priest serving the Roman Catholic Cathedral in the cinth. city of Three Rivers, and the Right Reverend Joseph Larocque, Roman Catholic Bishop of the Diocese of St. Hyacinth, and his successors, or the person administering the Roman Catholic Diocese of St. Hyacinth, or any priest serving the Roman Ca- tholic Cathedral in the city of St. Hyacinth, may keep registers of the marriages, births and burials celebrated in their said re- spective cathedrals, and these registers shall be subject to all the provisions of chapter twenty of the Consolidated Statutes for Lower Canada, which are not contrary to or inconsistent with this section ; and all registers of marriages, baptisms and Registers at burials, celebrated in the Roman Catholic Cathedral in the confiiraed" city of St. Hyacinth, since it has legally existed, are hereby declared to have been legally made, and to be to all intents and purposes legal registers of the marriages, baptisms and buriaJs celebrated in the city of St. Hyacinth and in the parish of St. Hyacinth the Confessor. 31 VICTORIA, CHAPTER 55. (Quebec.) An act to authorize the ministers of the church calling themselves the " Catholic Apostolic Church," in the Province of Quebec, to solem- nize matrimony, and to keep registers of bap- tisms, marriages and burials. [Assented to 24fth February, 1868.] WHEREAS the minister and members of the congregation Preamble- of Christians in the township of Hull, in connection with the church calling themselves the " Catholic Apostolic Church," have, by their petition to the Legislature, prayed that the minis- ters of the said church may be authorized to keep, in due form of law, registers of all baptisms, marriages and burials, which may be performed by them in the Province of Quebec, and it is expedient to grant the prayer of the said petitioners ; There- fore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. It shall and may be lawful for any regularly ordained Mlnisters'of minister, for the time being, of any congregation of the said ^aid church 442 REGISTERS OF CIVIL STATUS. may keep registers as other minis- ters are au- thorized to. '' Catholic Apostolic Church," in the Province o£ Quebec, to have and keep registers of baptisms, marriages and burials, subject always to the penalties of law in this behalf provided, according to the laws in force in the said Province ; and the said registers, the necessary formalities, as by law already pro- vided in relation to registers of like nature, being observed, shall, to all intents and purposes, have the same effect in law as if the same had been kept by any minister or clergyman in the Province of Quebec, now authorized to keep registers, any law to the contrary notwithstanding. They shall 2. Provided that no such minister shall be entitled to the take the oath bgnggts hereby granted, unless he shall have taken the oath of allegiance before one of Her Majesty's justices of the peace, in the district in which he shall reside, which said oath any such justice is authorized and required to administer, and the same to certify in duplicate under his signature, whereof one copy shall be fyled in the office of the registrar of the district, the cost of which fyling shall not exceed one dollar, and the other copy shall remain in the possession of the said minister ; nor unless such minister shall, at the time of taking such oath, produce to the justice the certificate of his ordination, or a legally attested copy thereof; and provided, also, that the registers which shall be so kept, and the several entries therein, according to the laws in force in this Province, as well as authen- tic copies of such entries, shall, to all intents and purposes, be good and available in law, as if the said registers had been kept pursuant to any act, statute or law in force in this Province, in relation to registers of baptisms, marriages and deaths. "The duplicate 3. The duplicate of the registers to be kept by any such befone'^to'the "^i^ister, shall be the property of the congregation ; and when- congrega- ever the connection between such minister and the said con- gregation shall cease, such registers shall be deposited with the deacons thereof, to be kept by the successor of such minister, for the use of the said congregation. The registers must be kept according to iaw. tion. Ministers T)Ound to con- form to the law in force, and subject to its penal- ties. Act to apply to registers ^already kept ■at Hull. 4. The said ministers shall in all respects comply with and be governed by the acts, statutes and laws in force in this Prov- ince, in the keeping of the said registers, and shall, in case of disobedience to the requiiements thereof, be liable to the penalties in like cases thereby imposed, which penalties shall be paid, recoverable, applied, and accounted for, in the same manner as the penalties imposed by them are therein directed to be recovered, paid, applied and accounted for. 5. This act shall be held to apply to the registers of bap- tisms, marriages and burials heretofore kept by the minister in charge, for the time being, of the congregation of the said church in the township of Hull, so soon as the same shall have been fyled and kept in accordance with the formalities pro- vided by the laws in force in this Province, in relation to registers of like nature. REGISTERS OF CIVIL STATUS. 443 41 VICTORIA, CHAPTER 39. (Quebec.) An act to authorize the ministers of the church calling themselves "The Eeformed Episcopal Church in Canada," in the Province of Quebec, to keep registers of baptisms, marriages and burials. [Assented to 9th March, 1878.] "^T^HEREAS the ministers and members of the congregation Preamble. * ' of Christians, in the city of Montreal, in connection with the church calling themselves " The Reformed Episcopal Ohurch in Canada," have, by their petition to the Legislature, prayed that tlte ministers of the said church may be authorized to keep, in due form of law, registers of all baptisms, marriages and burials which may be performed by them in the Province of Quebec, and it is expedient to grant the prayer of the said petitioners ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1, It shall be lawful for any regularly ordained minister. Ministers for the time being, of any congregation of the said " The Re- authorized to formed Episcopal Church in Canada," in the Province of Que- ters. bee, to have and keep registers of marriages, baptisms and burials, subject always to the penalties of law, in this behalf provided, according to the laws in force in the said Province, and the said registers, the necessary formalities, as by law already provided in relation to registers of like nature being observed, shall, to all intents and purposes, have the same effect in law, as if the same had been kept by any minister or clergyman in the Province of Quebec, now authorized to keep registers, any law to the contrary notwithstanding. 2. Provided that no such minister shall be entitled to the Oath of alle- "benefits hereby granted, unless he shall have taken the oath of lu^red."^*" allegiance before the clerk of the peace of the district in which Tie shall reside, which said oath the said clerk of the peace is authorized and required to administer and the same to certify in duplicate under his signature, whereof one copy shall be fyled in the office of the said clerk of the peace of the district, the cost of which said fyling shall not exceed one dollar, and the other copy shall remain in the possession of the said min- ister ; nor unless such minister shall, at the time of making Certificate of such oath, produce to the said clerk of the peace the certificate °^^^°^gj^°° of his ordination, or a legally attested copy thereof ; and Legal value provided, also, that the registers which shall be so kept and the of registers several entries therein, accbrding to the laws in force in this *" copies. Province, as well as authentic copies of such entries, shall, to all intents and purposes, be good and available in law, as if the said registers had been kept pursuant to any act, statute or 444 EEGISTERS OF CIVIL STATUS. Duplicate for the congre- gation. Minister shall comply with the laws. Penalty. Registers heretofore kept up in the church. law in force in this Province, in relation to registers of bap- tisms, marriages and deaths. 3. The duplicate of the registers to be kept by any such minister, shall be the property of the congregation, and when- ever the connection between such minister and the said con- gregation shall cease, such registers shall be deposited with the deacons or church-wardens thereof, to be kept by the successor of such minister for the use of the said congregation. 4. The said minister shall in all respects comply with and be governed by the acts, statutes and laws in force in this Province, in the keeping of the said registers, and shall, in case of disobedience to the requirements thereof, be liable to the penalties in like cases thereby imposed, which penalties shall be paid, recoverable, applied and accounted for in the same manner as the penalties imposed by them are therein directed to be recovered, paid, applied and accounted for. 5. This act shall be held to apply to the registers of baptisms, marriages and burials heretofore kept by the minister in charge, for the time being, of the congregation of the said church in the city of Montreal, the said congregation calling itself " The Church of St. Bartholomew," as soon as the same shall have been fyled and kept in accordance with the formalities provided by the laws in force in this Province, in relation to registers of like nature. Act in force. 6. This act shall come into force on the day of its sanction. Preamble. 42-43 VICTORIA, CHAPTER 68. (Quebec.) An act to authorize the ministers of the church known as the " Scandinavian Church, " to keep registers of baptisms, marriages and burials, in the Province of Quebec. [Assented to 31st October, 1879.] WHEREAS the members of the congregation of Christians, in the city of Quebec, in connection with the church known as the " Scandinavian Church," have, by their petition to the Legislature, prayed that the ministers of the said church may be authorized to keep, in due form of law, registers of all baptisms, marriages and burials, which may be performed by them in the Province of Quebec, and whereas it is expedient to grant the prayer of the said petitioners ; Therefore, Her Majesty, by and with the advice and consent of the Legislature, of Quebec, enacts as follows : REGISTERS OF CIVIL STATUS. 445 1. It shall be lawful for any .regularly ordained minister, Power to for the time being, of any congregation of the said " Scandi- \^rFo/mlv. navian Church," in the Province of Quebec, to have and keep riages, &o." registers of marriages, baptisms and burials, subject always to the penalties of law, in this behalf provided, according to the laws in force in the said Province ; and the said registers, the necessary formalities, as by law already provided in relation to registers of like nature being observed* shall, to all intents and purposes, have the same effect in law, as if the same had been kept by any minister or clergyman in the Province of Quebec, now authorized to keep registers, any law to the contrary notwithstanding ; provided, always, that the entries in such Proviso, registers shall be made in either the English or French lan- guage. 2. Provided that no such minister shall be entitled to the Oath of aile- beneHts hereby granted, unless he shall have taken the oath of henefittinV^* allegiance before the clerk of the peace of the district in which obligatory.' he shall reside, which said oath the said clerk of the said peace is authorized and required to administer, and the same to cer- tify in duplicate, under his signature, whereof one copy shall be filed in the office of the clerk of the peace of the district, the cost of which said filing shall not exceed one dollar, and the other copy shall remain in the possession of the said minister ; nor unless such minister shall, at the time of making such oath, produce to the said clerk of the peace, the certificate of his ordination, or a legally attested copy thereof ; and provided, also, that the registers which shall be so kept and the several entries therein, according to the laws in force in this Province, as well as authentic copies of such entries, shall, to all intents and purposes, be good and available in law, as if the said registers had been kept pursuant to any act, statute or law in force in this Province, in relation to registers of baptisms, mar- riages and deaths. 3. The duplicate of the registers to be kept by any such Duplicate of minister, shall be the property of the congregation, and when- ^ be^tfe^*pro- ever the connection between such minister and the said con- pertyofthe gregation shall cease, such registers shall be deposited with the ^"q"^''^^^" deacons or church-wardens thereof, to be kept by the successor of such minister for the use of the said congregation. 4. The said minister shall, in all respects, comply with and Laws upon be governed by the acts, statutes and laws in force in this Prov- of*j,^|X°f^ ince, in the keeping of the said registers, and shall, in case of apply. disobedience to the requirements thereof, be liable to the penalties in like cases thereby imposed, which penalties shall be paid, recoverable, applied and accounted for in the same manner, as the penalties imposed by them, are therein directed to be recovered, paid, applied and accounted for. 5. This act shall come into force on the day of its sanction. Act in force. 446 VALIDATION, LEGALIZATION OF TITLES, &C. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 20. An act respecting registers of marriages, bap- tisms and burials. Title 20 of ordinance of 1667, as to authentica- tion of regis- ters, &c., re- pealed as to said regis-j ters. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly o£ Canada, enacts as follows : Note. — This chapter is superseded by the Gvuil Code cmd by the Code of Civil Procedure with the exception of sections 16, 17 and 18, which are consolidated (articles 6^9 and 5709), and section 15, which is declaratory and remains in force as follows : 15. So much of the twentieth title of the ordinance passed by His Most Christian Majesty, in the month of April, in the year 1667, and of a declaration of His Most Christian Majesty, of the ninth of April, 1736, as relates to the form and manner in which the registers of baptisms, marriages and burials are to be numbered, authenticated, or paraphd, kept and deposited, and the penalties thereby imposed on persons refus- ing or neglecting to conform to the provisions of said ordinance and declaration, are and shall remain repealed, so far as relates- to the said registers only. 35 G. 3, c. 4, s. 15. 4. VALID.i-TION, LEGALIZATION OF TITLES, &C. Parties who have com- NoTE. — See art. 5709 R. 8. Q. which relates to validation,, legalization, &c. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 54. An act to secure the titles of certain persons natu- ralized under the act of Lower Canada, 1st Will. IV., cap. 53. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. All parties who have duly complied with the requirements- of the statute of Lower Canada, 1 W. 4, d 53, are ccmfinnei VALIDATION, LEGALIZATION OF TITLES, &C. MT and maintained in the enjoyment of all real property which plied with was in their actual occupation and enjoyment at the time of ^''c^sT'main- the passing of the said act, and which dt any time before had taiued i'n the been devised and bequeathed to them by will, deed of gift, or enjoyment of otherwise, or of which they took possession and enjoyed in pyed^by them. fact, — as if they had been legal heirs of their deceased parents '"'oen said being aliens, and in all rights, title and interest in and to ^^asIeT. such real property, and the rents, issues and profits thereof, as fully as any natural-born subject of the Crown might, and could, and may and can take, hold and enjoy real property devised or bequeathed to him or them, or coming to him or them by right of descent and inheritance ; any law, judgment, or process to the contrary notwithstanding. 12 V., c. 198, s. 1. 2. Any party having so complied with the said statute of Remedy of Lower Canada, and naturalized by virtue thereof, who by ??^^ ? ^'h'd' reason of his having been or being an alien, is disturbed or in their pos- who has since the passing of that act been disturbed on such session by ground, in the actual enjoyment and occupation of any real claimingun- property by him claimed under the said statute as heir, derjudg- devisee, donee or grantee of his father or mother being aliens, ™'^"*^' °- by any party or parties claiming, under any judgment, order, decree, writ, process or proceedings- of any court or courts of justice at any time rendered by order thereof, may apply by petition to the Superior Court in Lower Canada, and upon proof by affidavit or otherwise, that the said party petitioning hath been naturalized under the said statute, and upon proof of service of a copy of such petition upon the adverse party or parties at least twenty-one days before the day of presenting such petition, such court shall make an order to quash all Court to writs of execution and all proceedings under colour of any ™g^ to'quash judgment or judgments, or of such writs and process, by the proceed- which such petitioner is disturbed in or deprived of the enjoy- '°S3- ment and possession of any real property so by him claimed, held, occupied and enjoyed under the said statute, as heir, devisee, donee or grantee of his father or mother being aliens, and upon the making of the said order all proceedings what- Effect of or- ever under such judgments, writs and process shall surcease '*^'■• and determine, and the said writs and process shall be quashed and annulled and set aside. 12 V., c. 198, s. 2. 3. Nothing herein shall prevent any remedy which any party This act not now has to enforce the payment of costs awarded under any *^^f^^J '°''*- judgment against any other party naturalized under the said before 23rd statute, and otherwise entitled to claim the protection of this No_vember, act, but every remedy which the party having an award of costs is entitled to exercise, shall continue to be exercised as if this act had never been passed. 12 V., c. 198, s. 3. 448 VALIDATION, LEGALIZATION OF TITLES, &C. 25 VICTORIA, CHAPTER 17. (Canada.) An act legalising and providing for the delivery of certain registers of marriages, baptisms and burials. [Assented to 9th June, 1862.] Preamble. "TTTHEREAS, at different periods, since the second day of ' ' February, one thousand six hundred and eighty, certain Roman Catholic missionaries of the diocese of Quebec have performed in their missions, marriages, baptisms and burials, and have kept regular registers of the same ; but those regis- ters have not been kept in duplicate and may not be legal, though the entries therein are authenticated by the signatures of the missionaries by whom such entries were made ; and whereas a large number of families are interested in having the said registers legalized, and it is expedient to provide for the regular delivery of those registers which have been, from time to time, voluntarily delivered by said missionaries into the secretary's office .of the Roman Catholic Archbishopric of Quebec ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Secretary of R. C. Arch- bishopric of Quebec to have certain powers as to missionary registers. Copies of cer- tain regis- ters to be made. 1. The secretary of the Roman Catholic Archbishopric of Quebec, in so far as the registers Aj B, C, D, E, F, G, H, I, J, K, L. M, N, 0, P, Q, R, S, T, U, V and X of marriages, bap- tisms and burials, mentioned in the petition of His Lordship the Right Reverend Charles-Frangois Baillargeon, Bishop of Tloa and administrator of the Roman Catholic arch-diocese of Quebec, dated the twentieth day of March, one thousand eight hundred and sixty -two, are concerned, shall be considered as having and shall have, from the passing of this act, the ^ame powers as are enjoyed by the parish priests in their parishes, in so far as relates to the registers of marriages, baptisms and burials of their parishes. . 2. A correct copy of each of said registers A, B, C, D, E, F, G, H, I, J, K, L, M and N, shall be made by such person as the Governor in Council may appoint, and the correctness of the said copy shall be certified by the said secretary of the arch- bishopric of Quebec, and shall afterwards be numbered and authenticated by a judge of the Superior Court in the ordinary way. Copies to be 3. The copy, so numbered and authenticated, of each of said ed: extracts registers, shall be considered, for all purposes whatsoever, as therefrom, being in lieu of the duplicate required by law ; and any copy tobe'vlni^^' °^ ^^^ entry, respecting any marriage, baptism or burial, made and certified by the said secretary of the said archbishopric from the original of the registers mentioned in the first section VALIDATION, LEGALIZATION OF TITLES, &C. 449 ^f the present act, and remaining in the archives of the said -archbishopric, or by the officer hereinafter named, from the -authentic copy delivered into his office, shall be a primd facie proof of the facts therein alleged, and shall be received in all -courts of justice and have the same force as any copy made of -similar entries by a parish priest from the registrar of his parish. 4. The authentic copy of register A, containing entries from Certain co- the second day of February, one thousand six hundred and S"5?^*° ^ft eighty, to the twenty-third day of January, one thousand seven the prothono- hundred and fifty-seven, made at La GSte St. Ange, Jemsek, Varies «*' Q"^- Beaubassin, Rivihre St. Jean, Riviere des Mines, Ste Famille m^ouraska*" •of Pabos, La Grande Riviere, Gasp6, and other localities from respectively. Echedack to Kamouraska, Petcoudiac and Chypoudy, shall be •dehvered by the said secretary of the said archbishopric of Quebec into the office of the prothonotary of the Superior Court for the district of Kamouraska ; the copy of registers B, C, D, E, F, G, H, I, J, K, L, M and N, containing entries, from the fourth day of June, one thousand seven hundred and fifty -nine, to the twenty-second day of August, one thousand eight hundred and fifty-nine, made at Tadoussac, Islets Jdr^mie, Chicoutimi, Seven Islands, Portneuf, Mingan, St. Augustin, Louramane, the Pastes du domaine du Roi or Pastes dw Roi, Labrador, the GSte du Nord, from River St. John to I'Anse au Blanc Sablon, and other places on the North Shore, and St. Dunstan of Lake Beauport, shall be delivered by the said secretary into the office of the prothonotary of the Superior Court for the district -of Quebec ; and the said prothonotaries, in so far as the said copies so delivered into their respective offices are concerned, shall have the same powers and duties as they have in so far as relates to other registers of marriages, baptisms and burials delivered into their offices. 5. The registers that shall be kept, after the passing of this As to regis- -act, at Orosse Isle, by missionaries or priests of the Church of Qros^e^^sle' Rome, shall be delivered, as usual, a duplicate into the office of the prothonotary of the Superior Court at Quebec and the other into the office of the secretary of the said archbishopric, and the powers hereby given to the said secretary and to the said prothonotary shall also extend to the registers hereafter kept at the said Orosse Isle. 6. The permanent register of marriages, baptisms and Registers burials of the United Church of England and Ireland, hereto- ^onfirmtd'"'*' fore and now kept by the ministers thereof in the township of Ascot, shall be authenticated by the judge or prothonotary of the said court at Sherbrooke, and thereupon s&id register shall he deemed to have been and to be authentic. 29 450 VALIDATION!, LEGALIZATION OF TITLES, &C. 36 VICTORIA, CHAPTER 16. (Quebec.) An act respecting registers of civil status. [Assented to 24th December, 1'872.] H"ER MAJESTY, by and with the advice and consent of the= i Legislature of Quebec, enacts as follows : Note. — Sections 1, 2, 3, 4-, 5 and 9 are consolidated (articles 6689, 6777, 6779, 6780 and 6014). The remainder continues in force as follows : Preamble. 6. And whereas certain duplicate registers of civil status- have been kept by priests duly empowered by competent eccle- siastical authority to solemnize marriage, to administer baptism or to perform the rites of burial, but the said registers were not authenticated in the manner required by the Civil Code and the Code of Civil Procedure ; and whereas a large number of fami- lies are interested in having the said registers legalized, and it is expedient to provide for their legalization and authentication ;. therefore, it is hereby further enacted as follows : Mode of au- 7. Any register or registers of civil status hitherto kept in thenticating g^^y Roman Catholic church by any Roman Catholic priest duly ters hitheHo empowered by competent ecclesiastical authority to solemnize kept but not marriage, to administer baptism or to perform the rites of burial trcaie"^'. may. and shall, upon being presented for that purpose (not- withstanding that such registers have been used), be numbered, initialed and attested by the proper civil functionary in the same manner and with the same effect as if the said registers- had not been previously used, and one duplicate thereof may, in like manner and with the like effect, be deposited with and received by the proper civil functionary ; and a certificate of the bishop shall be sufficient evidence of any priest having been duly empowered as above mentioned. Snchreois- 8- Whenever the provisions of the preceding section shall ters shall have been complied with in respect of any register, such register- aullfentio! ^ and any extract therefrom shall be deemed and held to be authentic, and to be as legal and valid as if they had been made and kept in accordance with all the requirements of the law. Meaning of 9. The word " bishop " means the ordinary of the diocese,. ^'^hT'"'" ^^ ^^^ vicar general, or the administrator of the diocese. Note. — This above section, although consolidated (art. 6780),. is reprinted as explanatory. This act shall lO. This act shall have no other effect than those of authoriz- riSitf of'any^ ing authentic registers to be kept and of legalizing those- already kept, in the cases and in the manner hereinabove VALIDATION, LEGALIZATION OF TITLES, &G. 451 provided for, and shall have no other legal consequences, nor existing psr- shall it in any wise affect, beyond its direct intent, the present '^^ or fabri- civil position of parishes or fabriques now in existence. ^*' 11. This act shall come into force on the first day of January, Coming Into one thousand eight hundred and seventy-three. •'"'■*'* "^ *^'b 39 VICTORIA, CHAPTER 27. (Quebec.) An act to supply the loss of certain registers of acts of civil status of the parish of Ste. Marie de Monnoir, in the county of Kouville. [^Assented to 24ilh December, 1875.] WHEREAS, on or about the sixth of November, 1875, the Preamble, duplicates containing the original registers of the bap- tisms, marriages and burials of the parish of Ste. Marie de Monnoir, in the county of Rouville, for the current year .(1875X whereof one contained the acts of baptisms, marriages and burials of such parish, for the months of November and December, 1874, have been secretly removed from the sacristie of such parish ; and whereas there is reason to believe that they have been burned, which may be the occasion of serious injury to divers families and individuals ; and whereas it is expedient ' to remedy the disappearance of such registers ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. It shall be the duty of the prothonotary of the Superior Dnty of the Court, at St. Hyacinthe, to cause a faithful transcript to be piothoao- made in a book authenticated, in accordance with article 1236 '*'^^' of the Code of Civil Procedure, of all entries of baptisms, mar- riages and burials, for the months of November and December, 1874, contained in the duplicate registers of civil status of the parish of Ste. Marie de Monnoir, for the year 1874, now deposited in the archives of his office. 2. Such officer shall, under his own hand, certify each of such His certifi- entries, as being a true and faithful copy of the corresponding ''^'^s- entry of the duplicate in his possession, and afterwards shall forward such book to the curd of the parish of Ste. Marie de Monnoi/r, to form pai't of the archives of such parish. 3. Such book shall be marked by the prothonotary as Designation follows : "New duplicate of the registers of baptisms, marriages ^^^^ ''®''*- and burials, &c. (as the case may he), of the parish of Ste. Marie de Monnoir, for November and December, 1874, made in conformity with the act 39 Vict., chap. 27." 452 VALIDATION, LEGALIZATION OF TITLES, &C. The cut4 and vicars are coramisaion- ers. 4. The , curd now in oiBce of the parish of Ste. Marie de Monnovr, and his vicars, as shall all such persons as may replace them in the office of cure or vicar, shall, during the wjliole period for the execution of the provisions following, be commissioners entrusted with the task of ascertaining all the baptisms, marriages and burials which have taken place in such parish from the first day of January, 1875, to the day of the disappearance of the registers, and of making entries in the new authenticated duplicates, in conformity with article 1236 of the Code of Civil Procedure. And each of such persons may act alone for the purposes of this act. Notice re- 5- One of such commissioners, in a public written notice, qaired. shall cause the object of this act to be known, and shall invite all persons interested, or who may be in a position to supply the loss of the original registers, to appear at the time and place specified in such notice, and to bring with them and produce any extract or certificate of baptisms, marriages or burials, made during the period mentioned in section four, and all family records or memoranda which they may possess of such baptisms, marriages or burials, or to give testimony under oath, in respect of all information which they themselves pos- sess, or which may be obtained from them. Oath. Each commissioner is authorized to administer the oath required, to all persons who may be so interrogated. Entry of acts 6. On proof made under oath by one or more witnesses, or established, q^ g^jjy other evidence, establishing that a baptism, marriage or burial has taken place in such parish, during the period herein- above mentioned, the commissioner shall make an entry there- of in two registers, and each duplicate inscription shall be signed by the commissioner and by the witnesses interrogated under the oath. If the latter cannot sign, mention thereof shall be made. Mention shall also be made of any extract or other proof in writing produced by the witnesses. Signature. Menfions re- quired- Designation ot the boolc. •7. The commissioners, after having completed their registers, shall mark each of them, as follows : " New duplicate of the registers of baptisms, marriages and burials of the parish of Ste. Marie de Monnoir.tor 1875, made in conformity with the act 39 Vict., chap. 27." Deposit of du- S. One of such duplicates shall be lodged in the office of the plicates. prothonotary of the district, and the other shall remain among the archives of the parish of Ste. Marie de Monnovr. Authenticity 9. Each of the duplicates or registers specified in sections 3 of registers. ^^^^ *j q£ ^j^^jg ^^^^ ^^^^ j^g authentic, and shall have, for all pur- poses whatsoever, the same force and effect, as if it had been made at the time, and in the form required by law. VALIDATION, LEGALIZATION OF TITLES, &C. 453 _ lO. Nothing in this act contained shall prevent the proof. Other proof m any manner permitted by law, of any baptism, marriage or ''""wed. burial, which occurred during the period hereinabove mentioned, and which could not be proved and entered under the authority of this act. 11. This act shall come into force on the day of the sanction Act in force. thereof. 39 VICTORIA, CHAPTER 28. (Quebec.) An act to remove doubts respecting the authenti- city of certain registers of acts of civil status, in the county of Kimouski. [Absented to 24^th December, 1875.] Y^HEREAS, in authenticating certain registers destined for Preamble. * * acts of civil status, in the office of the Circuit Court sittting ' at Matane, in the county of Rimouski, the seal of such court was not affixed thereto ; and whereas doubts have arisen in respect thereof, and it is expedient to remove such doubts ; Her Majesty, by and with the advice and consent of the Legis- lature of Quebec, enacts as follows : 1. The prothonotary of the Superior Court, in and for the Protho notary district of Rimouski, upon presentation of any register of civil t^e s^al° **^^ status, which appears to have been authenticated in the office of the clerk of the Circuit Court sitting at Matane, by the clerk or deputy-clerk, without however having been sealed with the seal of the court, shall be bound to affix the seal of the Superior Court on each such register, in the manner prescribed by the article 1236 of the Code of Civil Procedure. 2. Every custodian of any register in the condition specified Duty of th« in the preceding section, shall be bound to present such register ttj^ ^^'fgtf "^ to the prothonotary, and to require the affixing of the seal thereon, in the manner hereinabove set forth, within six months after the coming into force of this act. 3. The prothonotary shall annex to each register, upon which Special certW he shall have so affixed the seal of the Superior Court, a certiii- '"*'*■ cate setting forth that in affixing the seal thereon, he has acted in conformity with this act. » 4. Each such register, so sealed with the seal of the Superior Autlientidty Court, shall be in all respects as authentic as if the seal had °^^^ "^^^^ been affixed thereto at the time required by law. 454 VALIDATION, LEGALIZATION OF TITLES, &C. 45 VICTORIA, CHAPTER 38. (Quebec.) An act respecting the legalizing and the custody of registers of burial kept by the congregation of Notre-Dame de Montreal at Villa-Maria. [Assented to 1st May, 1882.] Preamble. Oertaia re- gisters of civil status -declared ro- m. WHEREAS doubts may arise respecting the legality of the registers of burial kept by the congregation of Notre- Dame de Montreal, for the deceased nuns of that community, after the removal effected on the eighteenth of June, eighteen hundred and seventy-eight, of the community to Villa-Maria, in the parish of Notre-Dame de Graces, county of Hochelaga, from which time until now the deceased nuns of that order have been buried, as well in the vault of the church of Notre- Dame de Piti6, in the city of Montreal, in the old chapel of the mother house, as in the vault of the present chapel, and it is in the public interest that such doubts should cease and the vali- dity of such registers be by an act declared ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, declares and enacts as follows : 1. Notwithstanding any informality affecting them, as well those hereinbefore set forth, as others whose mention may have been omitted, the said registers of burial kept by the congre- gation of Notre-Dame de Montreal, since the said 18th June, 1878, are declared valid to all intents and purposes whatsoever, in the same manner as if they had been keep in strict confor- mity with the law, and especially with chapters one and four qf title second of book first of the Civil Code, and of chapter one of title first of part third of the Code of Civil Procedure, and with all other acts and as if all the formalities antecedent, con- current and subsequent to their keeping had been rigorously observed. Deposit of 2 Wiihin six weeks next after the passing of this act, a these regis- duplicate of each of such registers, signed by the superior of ters. the community, who shall keep the other duplicate, shall be deposited in the office of the Superior Court for the district of 'CeRtipcate of Montreal; such deposit shall be established by the prothonotary, such deppsit. ^j^Q shall give a receipt therefor, without fee, as provided by article 47 of the Civil Code, and such deposit shall have the same effect as if it had been made within the first six weeks of each year elapsed since the said 18th June, 1878. 'Ougtodybfi other dujili- tjate. Copies to be aHtbentic. , 3. The other duplicate of each of such registers shall remain in the custody and possession of the superior of the community, to be kept and transmitted to the superior Succeeding her in office, in accordance with article 48 of the said code; and according to article 50, the depositaries of either duplicate of VALIDATION, LEGALIZATION OF TITLES, &C. 455 ^uch registers shall be obliged to deliver to any .pefson, requir- ing the same, extracts, which being certified and signed by . them, shall be authentic. 4. In consideration of the observance of the formalities pre- Power of con- -.iscribed by the above cited codes and all other laws passed upon fHfi^l^^ *° the subject, the said congregation of Notre-Dame de Montreal keeping such .shall continue to possess the right of keeping registers of registers, burials of its deceased nuns, whose burial may take place, with the same legal effect, in the vault of the old or new chapel of i;he community, that is to say, in the chapel of Notre-Dame de Pitie, in the city of Montreal, or in that of Villa-Maria in the parish of Notre-Dame de Graces, in the county of Hochelaga. 5. This act shall not, however, affect pending cases, nor the Acquired rights that may have been acquired by third parties. pen'dfng°ci3e3 not affected . 6. This act shall come into force on the day of its sane- Act in force, tion. CONSOLIDATED STATUTES FOR LOWER CANADA CHAPTER 3. An act respecting the time when certain laws took effect, the publication of acts and pro- clamations, and the preservation of certain records. TTER MAJESTY, by and with the advice and consent of the -*--'- Legislative Council and Assembly of Canada, enacts as ~f oUows : Note. — This chapter, as amended by Jfi-50 Vic, c. 95, is con- solidated, with the exception of section 1, which remains in force as follows : PUBLICATION OF LAWS, &C. 1. For avoiding doubts it is declared, — that acts and ordi- A.cts and or- nances of the former Province of Lower Canada took effect for^efprov- respectively from the time when they were assented to by the ince of Governor in the name of the Crown, — unless some other time ^d^^gp^^""^ was expressly appointed for their commencement, and that if to have taken they were reserved for the signification of the pleasure of the ^f'^^J^™™, Crown, and afterwards assented to, they took effect from the received the^ time when the assent of the Crown was signified by speech Royal assent. or message of the Governor to the Legislature or by procla- -mation. 34 G. 3, c. 1,-36 G. 3, c. 1,-1 V., c. 1,-2 V. (2), c. 10. 456 VALIDATION, LEGALIZATION OF TITLES, &C. Frearable. 23 VICTORIA, CHAPTER 11. (Canada.) An act to remove doubts as to the validity of mar- riages solemnized in Lower Canada by the Eeli- gious Society of Friends commonly called Qua- kers, and for other purposes. [Assented to 23rd April, I860.] WHEREAS doubts have arisen as to the vahdity of certain, marriages solemnized in Lower Canada between per- sons professing the Religious Faith of the Society of Friends- commonly called Quakers, and it is necessary to remove all such doubts ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, . enacts as follows : Quakers' marriages in L. 0. declar- ed Talid. AcU of L. C, 35 G. 3, c. 4, and 2 V., c. 4, declared binding on Qualiers. Registers to be kept by clerk, &c. Penalty. 1. All marriages heretofore solemnized in Lower Canada according to the rites, usages and customs "of the Religious Society of Friends commonly called Quakers, and all marriages hereafter to be solemnized in Lower Canada between persons- professing the Faith of the said Religious Society of Friends,, commonly called Quakers, or of whom one may belong to that denomination, shall be held, and are hereby declared to be valid to all intents and purposes whatsoever. 2. All the provisions of the act of the Parliament of Lower Canada passed in the thirty-iifth year of the reign of King George the Third and chaptered four, and of the Legislature of Lower Canada passed in the second year of Her Majesty's- reign and chaptered four, amending the act first mentioned, in so far as the same are applicable, are hereby extended to, and declared to be binding upon the said Religious Society of Friends commonly called Quakers. S. The registers, directed to be kept by the said first men- - tioned act, shall be kept, and the births, marriages and burials, required to be enregistered therein, shall be so regis- tered by the clerk of the monthly meeting, and in his absence by the clerk of the preparatory meeting of the members of the said Religious Society of Friends, as the case may be, under the penalties in the said act provided. And certain 4. Any act or duty, or other matter or thing, apart from the to^b"done^by ^^* ^^ celebrating marriage, required in and by the said act to him. be done or performed by any priest or minister, shall be done- and performed by the said clerk of the monthly or preparatory meeting as aforesaid. Public act. 5. This act shall be deemed a public act. VALIDATION, LEGALIZATION OF TITLES, &C. 45T 32 VICTORIA, CHAPTER 11. (Quebec.) An act respecting the sale and management of the public lands. [Assented to 5th April, 1869.] HER MAJESTY, by and witli the advice and consent of the Legislature of Quebec, enacts as follows : Note. — This chapter is consolidated with the exception of sections JfS and Ji5, which remain in force as follows : 45$. With a view to remove doubts, and to quiet the titles Patent or to certain lands heretofore granted, it is enacted, that the non- J''j^ ef paten- observance and non-fulfilment of the condition imposed in and subsequent by certain patents issued for public lands, of taking the oaths P"rchaser not which may have been heretofore prescribed in case of any sub- non-obser- sequent sale, conveyance, enfeoffment or exchange, by the vance of cer- patentee, and of recording such oaths, within twelve months tfong'^""^'" 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. 44. AH legal proceedings commenced in virtue of acts repeal- Proceedings ed, shall be continued ; and the rights acquired by virtue and "^ aets^ ran^til under acts repealed shall be valid, and all orders in council, and nued— provi- regulations of the department, and acts done thereunder, and a',°piy "o^ands appointments to office now in force or existing shall continue now under until altered or revoked, as if the said acts had not been repeal- patent, &i;. ed ; and all the provisions 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 thereof. CONSOLIDATED STATUTES FOR LOWER CANADA. CHAPTER 38. An act respecting titles to property in Gaspe. WHEREAS it is expedient to render valid and to confirm Preamble.. the validity of certain informal acts or agreements in writing, and contracts of marriage (contrats de mariage) sous seing privd, made and executed in the district of Gaspe (in which no public notaries have at certain periods resided), and by the parties bond fide intended to be binding and to affect their property and estate, real and personal ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Note. — Subsection 2 of section 13 of this cJtapter is repealed as regards the county of Gaspd by 38 V., c. 22, which is printed, beloio, but remains in force for the county of Bonaventure. ■458 VALIDATION, LEGALIZATION OF TITLES, &C. Certain in- 1. All deeds, wills, actes and instruments in writing sous ieino otSiJ""" seing privS, duly proved and registered under the act of the and certified Parliament of Lower Canada, 4 G. 4, cap. 15, and all copies copies thereof thereof duly cei-tified by the officer having the custody of the as though no- register containing the same, shall continue to have full effect tariai. as if such deeds, wills, actes and instruments had been passed before notaries according and subject to the provisions of the said act. 4 G. 4, c. 15, generally. Parties to cer- 2. Any person being a party, or representing by inheritance, lein '^"riir"^ succession Or otherwise, any party to any will, act or agree- may cause ment in writing of any nature, inventory, partage, donation the same to or Contract of marriage (control de mariage) sous sevng pri/vd, e regis ere . ^^^^^ ^^^ executed bond fide before the ninth day of March, 1824, in the inferior district of Gaspe, and by which it may Jiave been intended by the parties having signed the same, or having made their mark thereto, to bind and affect their prop- erty and real estate, at the time of making thereof, — on making oath to that effect before a judge of the Superior Court in the district of Gaspe, upon petition to him presented to that effect, may cause the same to be entered at full length, and recorded in a book to be kept for the purpose by the officer having the custody of the records of the former Provincial Court for the inferior district of Gasp6, among the records of his office, such book being duly marked (parapM), throughout on every leaf, with the initials of the Christian and surname of the provincial judge of the said inferior district of Gasp6, or with those of a judge of the Superior Court in the district of Gasp6. 4 G. 4, c. 15, s. 1. Duly certified 3. A certified copy from such book, under the hands of the to^be a*^*^^"^ prothonotary of the said Provincial Court, or of the officer hav- theutic. ing the custody of the records of the said court, of the entry and record made in pursuance of the said act or of this act, of any such will, act or agreement in writing, inventory, partage, donation, or contract of marriage (contrat de mariage) sous seing prive, shall be of the same force in every court of law, as if the same were an authentic copy of any instrument to the like effect, executed before a notary. 4 G. 4, c. 15, s. 2. Formalities 4. Before any such will, act or agreement in writing, invent- to autheu- Qj-y^ partake, donation or contract of marriage (contrat de actes before mariage) sous seing privi, shall be entered and recorded as their regis- hereinabove mentioned, the judge of the Superior Court may require the attendance of the several parties to the same, or in case the parties, or any of them, having executed the same are dead, of such witnesses as were present at the time of signing or executing the same, or in default of witnesses, or in case of their death or absence, of such persons not being witnesses as have had a knowledge of the facts and circumstances in ques- tion, and them severally to examine on oath ; and if, on full ■enquiry, it appears to such judge, that the will, act or agree- ment in writing, inventory, partage, donation or contract of VALIDATION, LEGAUZATION OF TITLES, &C. 459 marriage (eontrat de Tnariage) sous seing privd produced, was, by the parties thereto honid fide made and executed at the time when the same purports to have been made and executed, such judge shall authorize and order the same to be entered and re- corded as hereinabove mentioned ; but if he has cause to be- lieve that the same was not bond fide made and executed at the time when it purports to have been made and executed, or that the same was made collusively, or for any illegal purpose, then the judge shall reject and return the same to the party producing it, without entering or recording the same. 4 G. 4, c. 15, s. 3. 5. Whenever such will, act or agreement in writing, invent- Appeal from «ry, partage, donation, contract of marriage (eontrat de ma- iif ,w"uc1f " riage) sous seing priv4, has been rejected and returned by such instrument judge, in the manner herein last mentioned, the party produc- °°* ^° '^^^ ing the same may appeal from the judgment or decision of the fide executea. said judge in that behalf, to the Court of Queen's Bench in the district or Quebec, which court shall examine and revise such judgment or decision, and may affirm or reverse the same ; but no such appeal shall lie nor be granted, unless the same be notified and applied for to the said judge, within ten days after such judgment or decision has been made or rendered. 4 G. 4, c. 15, s. 4. 6. Whenever any person declares his intention to appeal Duty of judge from any decision by which any such will, act or agreement in '° ^^^ "^^^ °^ writing, inventory, partage, donation, or contract of marriage fromhisjudg- (contrat de mariage) sous seing privd, has been rejected or ™«"' i"^ ^^^ refused to be entered as aforesaid, the judge shall cause to be reduced to writing the proceedings had before him, and all the testimony and evidence offered or adduced respecting such will, act or agi-eement in writing, inventory, partage, donation or contract of marriage (eontrat de mariage) sous seing privi, which has been so rejected or refused to be entered as afore- said; — and a certified copy of the said proceedings, testimony and evidepce, together with the petition of the party or parties who presented such will, act or agreement in writing, inventory, .portage, donation, contract of marriage (eontrat de mariage) ■sous seing privd, and a statement of the reasons of the judg- ment by which the judge rejected or refused to enter the same, shall, at the instance and request of the party declaring his intention to appeal, be immediately transmitted by the judge at Gasp6 to the Court of Queen's Bench at Quebec. 4 G. 4, c. 15, s. 5. 7. If, upon any such appeal, the judgment by which such if judgment will, act or agreement, inventory, partage, donation, or contract ^u^rabOTi;^ of marriacfe (eontrat de marriage) sous seing privd, has been to make an rejected or refused by the said judge in Gasp6 is reversed by 1^^^^°'^^" the said Court of Queen's Bench, the said court, by which such t^e inatru- appeal has been determined, shall make an order that the said mentan^ will, act or agreement, inventory, partage, donation, contract of 460 VALIDATION, LEGALIZATION OF TITLES, &C. remit all pro- ceedings to judge of the court below. marriage (contrat de mariage) sous sevng privd, shall be en- tered and recorded in the manner herein first before mentioned, and shall cause the said order, together with the said will, act or agreement, inventory, partage, donation, contract of mar- riage (contrat de mariage) sous seing privS, and with all the proceedings, evidence and testimony relating thereto, to be re- mitted to the said judge in Gasp4 who shall cause the said will, act or agreement in writing, inventory, partage, donation, con- tract of marriage (contrat de mariage) sous sevng prive, to be entered and recorded accordingly. 4 G. 4, c. 15, s. 6. False or im- 8. Nothing in this act shall be construed to render valid any ocmtracta^' °^ ^^^ ^^ contract so^is seing prive which is found to be false or fraudulent, or which is contrary to good morals, or in any wise prohibited by law. 4 G. 4, c. 15, s. 8. not preju- diced. Eecourse of 9. Nothing in this act shall in any wise prejudice the rights appearing be- ^^ ^^y person purporting to be a party or concerned in any forejudge such act or agreement in writing soiis seing privd, who did not appear and admit or affirm the same before the proper judge in Gasp6, at the time when the same was attested, nor to prevent such person from taking his legal recoui'se against such act or agreement in writing sous seing prive, enrolled as above men- tioned, by an inscription en faux, or otherwise according to law. 4 G. 4, c. 16, s. 9. alities to have effect from day of execution. Certain in- 1®. Any will, act or agreement in writing, inventory, par- °*'^"t™d°*^th^' ^^^> donation, or contract of marriage (contrat de manage) certain form- executed during the three years next after the said ninth day of March, 1824, before any justice of the peace, or minister, or cu/rd, or missionary, and two subscribing witnesses, or before the prothonotary of the Provincial Court of the said inferior district, and two subscribing witnesses, shall bear mortgage (portera hypotheque) from the day of its execution, and shall, as well as the copies thereof duly certified, be received as valid and authentic in all courts of law in this Province, as if the same had been executed before notaries ; and the originals or minutes of such act as aforesaid, transmitted to the protho- notary of the said Provincial Court under the act of the Parlia- ment of Lower Canada, 4 G. 4, cap. 15, shall be preserved by the officer having the custody of the records of the said court, among the records of his office, for such legal purposes as the same may serve pursuant to the said act. 4 G. 4, c. 15, s. 10. Fees to pro- thonotary for enrolling such instru- ments. 11. The prothonotary, for enrolling every such will, act or agreement in writing, inventory, partage, donation, contract of mariage (contrat de mariage) sous seing privd, if the same do not exceed one hundred words, shall be entitled to demand and receive the sum of fifty cents, — and for every hundred words exceeding one hundred, at the rate of ten cents, — and for every certified copy of any entry from such book or register, at the rate of twenty cents, for the first hundred words, and VALIDATION, LEGALIZATION OF TITLES, &C. 461 ten cents for every hundred words exceeding the first hundred words. 4 G. 4, c. 15, s. 7. 12. Anjr will, act or agreement in writing, inventory, par- Legal effect tage, donation, or contract of marriage (contrat de viariage) ?^ certain executed within the inferior district of Gasp^', between the ninth ™ecuted"bt day of March, one thousand eight hundred and twenty-four tweeu 9th (being the day of the passing of the act of the Parliament of andft M^^' Lower Canada, 4 G. 4, cap. 15), and the first day of May, one 1840." ^^' thousand eight hundred and forty, in the manner prescribed by the tenth section of the act last mentioned, and with regard to which all the requirements of the said section have been com- pHed with, has borne and shall bear hypothec, and has had and shall have the same legal effect according to its tenor, as if it had been executed before notax'ies, and shall, as well as the copies thereof duly certified, be taken and received as valid and authentic in all courts of law in this Province, as if executed before notaries. 3-4 V., c. 5, s. 1. 13. Any will, act or agreement in writing, inventory, par- Legal effect tage, donation, or contract of marriage executed within the said ?^ certain inferior district of Gasp4 after the said first day of May, one exec'utedafter thousand eight hundred and forty, in the manner prescribed by i^* May,i840, the tenth section of the act last mentioned, and with regard to by^airje'c-*^ which all the requirements of the said section have been com- tion. plied with, shall bear hypothec, and shall have the same legal effect as if it had been executed before notaries, and shall, as well as the copies thereof duly certified, be taken and received as valid and authentic in all courts of law in this Province as if executed before notaries : 2. Except, that this section shall have no effect with regard Exception as to any will, act or agreement in writing, inventory, partage, -egaids in- donation or contract of marriage so executed, if there were two executed If* notaries resident and practising in the county in which the there were same was executed, at the time of the execution thereof, and pra°cUsinelii during two months before that time ; but the proof that there county, were two notaries so residing and practising shall, in all cases, lie upon the party disputing the validity of any such act or instrument as aforesaid, and if such proofs be not adduced, it shall be held that there were not two notaries so resident and practising at the time such act or instrument was executed. 3-4 v., c. 5, s. 2. 14. All adjudications entered in the proper registers under Adjudica- the act of the Parliament of Lower Canada, 59 G. 3, cap. 3, and s's^q. g^^'g^ officially certified copies thereof, made or certified under the duly entered authority of the act of the Parliament of Lower Canada, or l^^^^^/^^ under the authority of the act of the said Parliament, 1 Will, grants from 4, cap. 23, shall, to all intents and purposes in law, have the ^^^ Crown, effect of grants from His Majesty, of each and every tract, lot or parcel of land mentioned and set forth in the same, and of which possession has been taken or maintained by virtue of 462 VALIDATION, LEGALIZATION OF TITLES, &0. Duplicate of registers of commiss ion- era under 59 G. 3, c. 3', to be deposited in the office of the clerk of the Pro- vincialCourt. any entry in such register, and shall vest in the person and pei^ sons, respectively, holding, by virtue o£ such adjudication, the fee simple of such tract, lot or parcel of land, and shall be so held by the judges of all courts in this Province. 6 W. 4, c 53, s. 2. 15. A duplicate of the registers kept by the commissioners appointed under the authority of the said act passed in the fifty-ninth year of the reign of King George the Third, shall be deposited by the officer or person, in whose possession the same then are, in the office of the clerk in whose hands the registersi of the Provincial Court of the said inferior district of Gaspe then are ; and the said clerk shall deliver duly certified copies, of all adjudications entered in the said registers, to any party interested therein who shall demand the same ; and the copies so certified, and no others, shall be held in all courts of law in which they are produced in evidence, as being authentic copies of such adjudications ; and for each such copy the said clerk shall be entitled to demand and receive the sum of fifty cents, and no more. 6 W. 4, c. 53, s. 3. Original re- 16. The Original register kept by the said commissioners, deposited fn which by the said last mentioned act was required to be de- the ofBce of posited in the office of His Majesty's Executive Council for the Executive Lower Canada, shall be and remain in the office of the Execu- tive Council for this Province ; and all persons may, as often as they require, have access to the same and obtain copies or extracts therefrom, in the manner and on payment of the fees established and allowed therefor by the said act, to the clerk of' the Executive Council. 6 W. 4, c. 53, s. 4. Free grants 17. All titles to real property in the district of Gaspe,^ Y^^" 3o"V founded on free grants made under the provisions of the act of remain valid, the Parliament of this Province, 10-11 Vic, cap. 30, and withiii the periods thereby limited, shall remain valid. 10-11 V., c. 30. Preamble. 32 VICTORIA, CHAPTER 40. (Quebec.) An act to render valid certain acts and documents executed in the district of Gasp^ and to pro- vide for the closing of inventories in the enre- gistration division of Ste. Anne des Monts. [Assented to 5th April, 1869.] WHEREAS certain acts, instruments in writing and docu- ments made and executed, within the county of Gasp6, by and in virtue of chapter 38, of the Consolidated Statutes for Lower Canada, before justices of the peace, ministers, parish priests (curds), missionaries and two witnesses, for want of VALIDATIONi LEGALIZATION OF TITLES, &C. 46S notaries, have not been deposited in the office of the prothono- tary of the court at Perc6, in accordance with the provisions of the said act, and the validity of all such acts, deeds, instruments in writing or other documents, is thereisy doubtful ; and whereas grave and ruinous consequences might arise, should such acts, deeds, instruments in writing or other documents be declared null by such neglect or ignorance ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. All such acts, deeds, instruments in writing, made and Certain actS' executed within the county of Gasp^, by virtue of chapter j,^ oaspr^*^ thirty-eight of the Consolidated Statutes for Lower Canada, rendered before any justice of the peace, minister, parish priest or mis- ^*'''^- sionary and tw;o witnesses, for want of notaries, which have not been deposited in the office of the prothonotary of the court atPerc6, as prescribed and ordered by the said act, shall be and are hereby declared to be as valid as if duly deposited according to law. 2. All such deeds and instruments in writing made and Certain deeda executed before the passing of this act, or which shall be \" ^u'j^^^ni executed in the enregistration division of Ste. Anne des Monts, Magdalen and in the enregistration division of the Magdalen Islands, in islands may the said county of Gasp6, may be deposited in the respective wUli'^regis- offices of the said enregistration divisions of Ste. Anne des trar instead Monts and of the Magdalen Islands, instead of the prothono- ^ary™*^"""" tary's office as aforesaid, and the registrars of the said enregis- tration divisions shall, in respect of all such deeds and instru- ments in writing, made and executed as aforesaid in the said enregistration divisions, exercise the same powers, and shall discharge the same duties as the prothonotary could exercise and discharge under the said act in respect of the deposit of the said deeds or instruments in writing. 3. And whereas the great distance between the enregistra- Preamble, tion division of Ste. Anne des Monts and Perc^ (sixty leagues), at which last mentioned place inventories should be closed, many inventories made in the said enregistration division of Ste. Anne des Monts could not be closed according to law, by reason of the poverty or ignorance of the persons obliged to carry the same to Perce, it is therefore expedient and necessary to obviate the inconveniences and difficulties which might arise from the nullity, of such inventories in default of having been closed according to law. it is therefore enacted as follows : 1. Until a regular annual term of the Circuit Court be held Inrentories at Ste Anne des Monts, all inventories made and executed in ^^f Jj^n^g^^. the .enregistration division of Ste. Anne des Monts, may be may be closed. closed by a board, consisting of two justices of the peace, resid- by a board, ing in the said division, and the registrar of such division thereof shall act as clerk of the said board ; 464 Powers of toard. Delay for in- ventories al- ready made. Delay for inventories hereafter. VALIDATION, LEGALIZATION OF TITLES, &C. 2. The said board shall exercise all the powers, and perform all the duties of the judge of the Superior Court for the judi- cial district of Gasp6, in respect of such closing and inventories ; 3. Any inventory made and executed before the passing 'of this act, which has not been closed according to law, may be closed before the said board within three months after this act shall have come into force ; and shall thereby become as valid, as if it had been closed at the time and place required by the act aforesaid. 4. All inventories, which may be hereafter made in the said enregistration division of Ste. Anne des Monts, may be closed before the said board within the three months following their execution until a regular annual session of the Circuit Court shall be held at Ste. Anne des Monts as aforesaid. Pending cases saved. 4. The provisions of this act shall not anywise prejudicially affect any case now pending or any judgment rendered by any court of justice in this Province. 88 VICTORIA, CHAPTER 22. (Quebec.) An act to render valid certain deeds and docu- ments executed in the district of Gasp6, [Assented to 23rd February, 1875.] Preamble. TT^HEREAS various deeds and documents have been executed ' ' in the district of Gasp6, before a justice of the peace, minister, cur 6 or missionary and two subscribing witnesses, or before a prothonotary and two subscribing witnesses, or simply before two subscribing witnesses, subsequently to there being two notaries resident and practising in each of the counties of Gaspe and Bonaventure, deeds and documents, which the parties have executed or desired to execute in good faith, which they have al- ways regarded as obligatory, and by which they have always understood their real and personal property was bound and affected ; and whereas, therefore, it is necessary to remedy the great inconvenience and disorder, which would result, were these deeds and documents to be deemed null, from the same not having been executed and passed before notaries ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Certain deeds 1. Every deed, document or agreement in writing; will, dMlared va- inventory, partcbge, donation or marriage contract, executed and passed, previous to the coming into force of this act, in any of the counties of Gasp6 and Bonaventure, subsequently VALIDATION, LEGALIZATION OF TITLES, &C. 465 "to there being two notaries resident or practising, in each such «ounty, before any justice of the peace, minister, missionary or €ur6 and two subscribing witnesses, or before a prothonotary jind two subscribing witnesses, or simply before two subscribing witnesses, has had and shall have the same etfect in law, as it would have had, if subsection two, of the thirteenth section, of chapter thirty-eight, of the Consolidated Statutes for Lower Canada, had never come into force ; provided that nothing in Proviso, this act contained shall in any manner aifect pending cases, nor rights acquired by third persons not parties to the said deeds. • 2. Subsection two, of section thirteen, of chapter thirty-' C. S.L.C.,c. ■eight, of the Consolidated Statutes for Lower Canada, is 2^'repeaie§*'' repealed in so far as respects the county of Gaspe, but it shall for Gasp6. in future retain full effect, in respect of the county of Bona- venture. 38 VICTORIA, CHAPTER 21. (Quebec.) -An act to remedy certain informalities in the deeds of sale of real estate given by Philip Vibert, heretofore sheriff of Gasp6. [Assented to 23rd February, 1875.] \lkr HEREAS Philip Vibert, heretofore sheriff" of the county Preamble. * * of Gasp6, has, during the holding of his office, given deeds of sale of real estate, without having affixed the stamps thereon, required by law, and it is expedient to legalize the deeds so passed ; Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. All titles or deeds of sale of real estate made by Philip Titles de- Vibert, heretofore sheriff' of the county of Gaspe, in his dared valid, ■capacity of sheriff, and all copies of such titles or deeds of sale, on which the stamps required by law have not been affixed, notwithstanding the non-fulfilment of such formality, are declared to have been and to be valid as if the required stamps had been affixed ; provided, always, that nothing in this act Proviso. contained shall in any manner whatsoever affect any cause now pending before any court of justice in this Province. 3. The present act shall come into force at the time of Coming into, -ihe sanction thereof. ^°^\'^ ""''^^ 30^ 466 VALIDATION, LEGALIZATION OF TITLES, &C. Preamble. Certain she- riffs' titles, declared valid. 42-43 VICTORIA, CHAPTER 24. (Quebec.) An act respecting the sale of immovables by sheriffs in the rrovince of Quebec. [Assented to Slst October, 1879.] WHEREAS certain formalities required by law, have bee^^^ omitted in certain sales of immovables made by the sheriffs in their oflacial capacity ; and whereas such omissions- may occasion serious inconvenience to the purchasers ; There- fore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. In the registration divisions in which oiBcial plans and books of reference are in force, all sheriffs' titles respectiQg' real estate situated within such divisions, proces-verhaux of seizures of the said properties, advertisements, publications and notices posted up, in which the properties seized and sold havfr not been designated by the numbers shewn on such official plans and books of reference, are hereby declared valid for all legal purposes whatsoever, notwithstanding any law to the contrary and especially articles 638, 648, 650 and 689 of the Code of Civil Procedure, and every law or statute amending the said articles ; provided, however, that a notice indicating the official numbers of the properties described in the titles shall have been given, within six months from the passing of the present act, to the registrars of such registration divisions by the sheriffs or any of the parties interested. Pending 2. This act shall not apply to sales made prior to its cases. and shall, not affect pending cases, and shall come into force on. the day of its sanction. Preamble. 44-45 VICTORIA, CHAPTER 29. (Quebec.) An act to legalize certain official acts of Charles J. Powell, deputy-sheriff of the district of Artha- baska. [Assented to SOth June, 1881.] WHEREAS during the time that the said Charles J. Powell' was discharging the duties pertaining to the office of sheriff" of the said district of Arthabaska, he assumed the title of "acting sheriff"' and " deputy acting sheriff," instead of that of "deputy-sheriff" ; and whereas doubts may exist as to th& validity and legality of the official acts of the said Charles J. Powell, done and performed under such assumed titles ; and VALIDATION, LEGALIZATION OF TITLES, &C. 467 whereas it is desirable to remove any such doubts ; Theref oi-e. Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. AU and singular the acts and proceedings of the said Certain aBts Charles J. Powell, deputy-sheriff of the district of Arthabaska, °' ^-f.- ^^ heretofore done and performed by him, either under the name puty-slheriff and title of " acting sheriff" or of " deputy acting sheriff," are °^ Ar|,bab«g^ hereby declared to be and to have been, when so done and clared^vaM. performed, good, legal, and valid, to all intents and purposes whatsoever. 2. This act shall not be held to interfere with any ease, now Pendiag pro- pending, before any court in the Province. ceedingsnot 3. This act shall come into force on the day of its sanction. Act_in foreo. W 38 VICTORIA, CHAPTER 20. (Quebec.) An act to remedy certain illegalities and irregu- larities committed in the offices of the sheriffs of the districts of Ottawa and Rimouski, and in the registry offices of the counties of Bona- venture and Ottawa, and of the second regis- tration district of the county of Rimouski. [Assey the said tariff to the attorney of the respondent ; and the prothonotary shall be enti-- tled to the fees allowed by the said tariff. To what judgments 28. The provisions of the nine sections next preceding this,. _ shall apply to all such judgments as are therein mentioned, applT-*^* ^ * rendered after the passing of this act, without regard to the time when the suits or proceedings to which they relate were commenced, but not to any judgment rendered before that time. Interprets^ tion. Inconsistent enactments repealed. 29. The word " hypothec " in this act shall have the mean- ing assigned to it in chapters thirty-six and thirty -seven of the Consolidated Statutes for Lower Canada. 3©. So much of any act or law as is inconsistent with thfr provisions of this act, is hereby repealed. CODE OF CIVIL PROCEDURE. 489» 48 VICTORIA, CHAPTER 23. (Quebec.) An act to amend article 1054 of the Code of Civil Procedure, as amended by section 9 of the act 34 Victoria, chapter 4, section 31 of the act 35 Victoria, chapter 6, and section 9 of the act 47 Victoria, chapter 8, and also article 68 of the Code of Civil Procedore. [Assented to 9th May, 1885.] TTER MAJESTY, by and with the advice and consent of the -*-*- Legisture of Quebec, enacts as follows : ^OTE— Section 1 of this chapter is repealed by 4-9-50 V., c. 18. Sections 4 and 5 are consolidated. Sections 2, 8 and 6 remain in force. Section 1 is however printed here to explain sections 3 and o. 1. Article 1054 of the Code of Civil Procedure, as amended by 0. 0. P., art. the act 34 Victoria, chapter 4, section 9, the act 35 Victoria, i^^^j ^"^*'^«"' chapter 6, section 31, and the act 47 Victoria, chapter 8, section ™^° 9, is further amended by adding, after the word " Sherbrooke " in the last line of said section 9 of the act 47 Victoria, chapter 8, the words " and in the city of St. Hyacinthe, the town of St. Germain de Rimouski, the village of Arthabaskaville, and the town of St. Johns." 2. In consequence of the preceding amendment, all appeal- Certain suits: able cases commenced in the Circuit Court sitting in the city ^"thhi'iuria of St. Hyacinthe, the town of St. Germain de Rimouski, the dictioo of village of Arthabaskaville and the town of St. Johns, in which q''''^"'* judgment has not been rendez-ed, shall, from the date of the passing of this act, cease to be within the jurisdiction of such Circuit Court. 3. The proceedings to be taken and judgments to intervene Proceedings shall be taken and rendered before the Superior Court ; and guplnor ''^ "* the books, archives and records of the Circuit Court, respect- Court. ing any such case, shall, immediately after the coming into force '''™"^*^^'' .°f of this act, belong to the Superior Court, and shall be thereto ' transmitted within a short delay. p. This act shall come into force on the day of its sanction. Coming into. force. 490 CODE OF CIVIL PROCEDURE. 49-50 VICTORIA, CHAPTER 18. (Quebec) An act to further amend article 1054 of the Code of Civil Procedure. [Assented to 21st June, 1886.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Note. — Section 1 of this chapter is consolidated. Sections 2, 3 and 4- remain in force. Section 1 is however pri/nted here as explanatory. - tEscoumains} • • • -26 V., c. 8. Sherbrooke, (Erection) 34 V., c. 30. Yamaska, (Power to. erect) . . 36 V., c. 40. PARISHES. Blenheureux Alphonse de/jj^^^^^ removed]- 29-30V.,c.32,al6. Modnguez, t J C6te St. Paul, (Erection) 41 V., c. 28. Havre Axibert (Erection) 37 V., c. 43. Mvre-aux-maisons, (Erection) 37 V., c. 43. L'Avenir,. (Erection) 25 V., c. 51. L'Etang du Nord, (Erection) 37 V., c. 43. Notre^Pame de Bonsecours,(Doubts removed) 46 V., c. 41. Nqife-Dame. du Portage, . .(Annexation) 23 V., c. SO.- 500 CITIES, TOWNS, VILLAGES, &C., ERECTED AS MUNICIPALITIES, &a SaintS'Anges de Lachine, .(Boundariesd'efined) 49-50 V., c. 57. St. Albert de Warwick, . . .(Erection) 27 V., c, 27. St. Andre d'Acton, (Erection) 27 V., c. 9, s. 19. St. Basile le Grand, (Boundaries defined) 37 V., c. 19. St. Benoit d'Yamaska (Erection) 36 V., c. 40. St. Bonaventure d'Upton, . (Erection) 29-30 V., c. 61. St. Camille, (Annexatioii) 43-44 V., c. 34 St. Celestin, (Erection) 27-28 V., c. 63. " (Annexation) ... .41 V., c. 26. St. Colomb de Sillery, (Powers extended) 27-28 V., c. 62. ox AIM /T7 *■■ \ r24 v., c. 29, ss. 26 Ste. AdMe, (Erection) | and 27. Ste. Anastasie de Nelson, . (Erection) 45 V., c. 43. Ste. Barbe, (Doubts removed) 49-50 V., c. 59. Ste. Brigitte des Saults,. . .(Erection) 27-28 V., c. 63. " . . .(Annexation) 41 V., c. 26. Ste. Clotilde de Horton, . .(Erection) 27 V., c. 27. Ste. Elizabeth de Warwick,(Erection) 50 V., c. 25. St. Elphege (Erection) 49-50 V., c. 54 Ste. Em^lie de I'Energie, . .(Erection) 47 V., c. 43. Ste. Eulalie, (Erection) 27-28 V., c. 63. Ste. Jeanne de Neuville, . .(Annexation) ... .40 V., c. 36. Ste. Marie de Blandf ord, . . (Erection) 35 V., c. 20. Ste. Marie Madeleine, (Erection) 42-43 V., c. 44 Ste. Perp6tue (Annexation) 41 V., c. 26. St. Ephrem de Tring, (Erection) 27 V., c. 29. " 33 v., c. 39. Ste. Pudentienne, (Erection) 38 V., c. 68. Ste. Rose, (Annexation) .... 41 V., c. 25. St. Etienne de Beauharnois,(Erection) 29-30 V., c. 64 St. Eugene de Grantham, . (Erection) 42-43 V., c. 45. St. Evariste de Forsyth, . .(Erection) 33 V., c. 39. St. F«^r6ol, (Erection) 36 V., c. 38. St. Fr6d6ric, (Annexation) 29-30 V., c. 68. St. Gabriel de Brandon, . .(Confirmation) . . .27-28 V., c. 66. St. Gabriel de Valcar tier, . (Erection) 24 V., c. 73. St. Gabriel West, (Erection) 24 V., c. 73. St. Guillaume d'Upton, . . .(Erection) 29-30 V., c. 61. CITIES, TOWNS, VILLAGES, &C., ERECTED AS MUNICIPALITIES, &C. 501 St. Hyacinthe le Con£esseur,(Erection) . 24 V., c. 29, ss. 26 and 27. St. Hubert, (Erection) 23 V., c. 79. St. Joachim de Sheffbrd, . . (Erection) 47 V., cc. 37 and 38. St. Lambert, j Annexation of 125 Y c. 49. (part to LonguemlJ38 v., c. 69. St. Leonard, (Erection) 27-28 V., c. 63. St. Louis, (Erection) 44-45 V., c. 33. St. Louis de Blandford, . .(Erection) 24 V., c. 76. St. Malachie, (Erection) 27-28 V., c. 67. St. Maxime du Mont Louis.(Erection) 47 V., c. 42. St. Narcisse de Beaurivage.(Erection) 37 V., c. 20. SiNorbertdu Cap Chat. .(Confirmation) 29V.,c.52,ss.l0andll. St. Paul I'Ermite, (Annexation) 38 V., c. 32. St. Pierre de Durham, . . . .(Erection) 25 V., c. 51. St. Pierre de la Malbaie . . {j^^o^i^^^No 2} • ' "^^ ^■' ^- ^^■ St. Pierre de la Pointe-aux-Esquimaux. (Erection) 36 V , c. 30. St. E,^mi de Tingwick, . . .(Name given) 46 V., c. 42. St. Roch de Quebec, north.(Erection) 25 V., c. 47. St. Roch de Quebec, south.( Annexation) 33 V., c. 47. St. Sauveur de Quebec, . . .(Powers defined) . .38 V., c. 75. St Severe, (Erection) 24 V., c. 28. St. Severin, (Erection) 39 V., c. 42. St Theodore d' Acton, . . . .(Erection) 27 V., c. 9, s. 19. St Tite des Caps, (Erection) 36 V., c. 41. St Ubalde, (Erection) 36 V., c. 30. St Urbain de Windsor,. . .(Name changed) . .36 V., c. 39. St Valere de Bulstrode. . .(Erection) 24 V., c. 76. r27 V c 29 St Victor de Tring, (Erection) {33 v!' c. 39. « " (Annexation) 38 V., c. 31. St Vital de Lambton, (Annexation) 29-30 V., c. 66. St Winceslas, (Erection) 27-28 V., c. 63. » TOWNSHIPS. Anse-aux-Griffons, (Erection) 33 V., c. 43. Anse du Cap (Erection) 31 V., c. 30. Auckland, (Erection) . 24 V., c. 29, ss. 26 and 28. Aylmer, (Annexation) 29-30 V., c. 66. 502 OiTIES, TOWNS, VILLAGES, &C., ERECTED AS MUNICIPALITIES, &e. Beresford, (Erection) . . 24 V., c. 29, ss. 26 and 28. Bolton East (Erection) 40 V., c. 45. Bolton West, (Erection) 40 V., c. 46. Broughton, (Annexation) 29-30 V., c. 68. " 38 V., c. 31. Buckingham, (Lines established) 29-30 V., c. 67. Cap dea Rosiers (Erection) 33 V., c. 43, Caxton, (Annexation) 47 V., c. 40. Chenier, (Erection) 27 V., c. 27. Chester East .(Erection) 34 V., c. 32. Chester North, (Erection) 34 V., c. 32. Chester West, (Erection) 47 V., c. 39. Cox, (Division) 40 V., c. 43. Ditton (Erection) . . 24 V., c. 29, ss. 26 and 28. Duharael, (Erection) 51-52 V., c. 34. Durham, (Erection) 25 V., c. 51. " " 34 V., c. 33. Durham South, (Erection) 27-28 V., c. 64. Ely North (Erection) 27 V., c. 9. Ely South, (Erection) 27 V., c. 9. Gasp6 Bay, South, (Erection) 29-30 V., c. 65. Grantham, (Erection) 27 V., c. 27. Guigues (Erection) 51-52 V., c. 34. Ham North, (Erection) 27 V., c. 30. " 27-28 v., c. 65. Ham South, (Erection) 27 V., c. 30. " 27-28 v., c. 65. Havelock, (Erection) 25 V., c. 52. Hemmingford, (Erection) 25 V., c. 52. Hull, (Books of reference corrected) 47 V., c. 36. Kingsey Falls, (Erection) 27-28 V., c. 64. (Annexation) 29 V., c. 62. La Malbaie, (Division) 40 V., c. 44. • La,verloch^re, (Erection) 51-52 V., c. 34. Lochaber (Erection) 27-28 V., c. 67. Morin, (Erection). . 24 V., c. 29, ss. 26 and 28; New Carlisle, (Erection) 40 V., c. 43. N&wport, (Erection). . 24 V., c. 29, ss. 26 and 28. •CITIES, TOWNS, VILLAGES, &C., ERECTED AS MUNICIPALITIES, &C. 503 Newport, (Erection) 39 V., c. 44. Pasp6biac (Erection) 40 V., c. 43. Orford (Erection) 34 V., c. 30. Perce, (Erection) 31 V., c. 30. " (Division) 32 V., c. 48. Roxton Falls, (Erection) ........ 27 V., c. 9. Simpson (Erection) 27 V., c. 27. ,Sfce. C^cile de Milton, (Erection) 27 V., c. 9. ;St. George de Windsor, . . .(Erection) 23 V., c. 10. Stoke, (Erection) 27 V., c. 28. Stoneham, (Annexation) 44-45 V., c. 32. (Doubts removed) . 47 V., c. 41. St. Valerien de Milton, . . .(Erection) 27 V., c. 9. Tewkesbury, (Annexation) 44-45 V., c. 32. (Doubts removed) .47 V., c. 41. Templeton East, (Erection) 49-50 V., c. 56. Templeton "West, (Erection) 49-50 V., c. 56. tingwick, (Erection) 27 V., c. 27. (Name changed) . . 46 V., c. 42. " (Annexation) 47 V., c. 39. Warwick, (Erection) 27 V., c. 27. "Wendover,. (Erection) 27 V., c. 27. Wexford, (Erection) . . 24 V., c. 29, ss. 26 and 28. Windsor, (^Erection) 27 V., c. 28. Wiekham, (Erection) 29-30 V., c. 62. Wickham West, (Erection) 29-30 V., c. 62. TVitton, (Erection) . . 24 V., c. 29, ss. 26 and 28. I^otton, (Erection) 23 V., c. 42. York, (Erection) 29-30 V., c. 65. COiiTAINING CERTAIN ACTS AND ORDINANCES^ OF A LOCAL NATDBB 'WHICH HAVE PBEQUEXTIT TO BE REFEEBED TO. Ordinances and acts respecting the Quebec Turnpike Trust. ALPHABETICAL SUMMARY. Army and Navy — Exemption from tolls. 4 V., c. 17,8. 15;4V..r.21,s.4; 12 v., c. 25; 23 V., c. 69. Cap Kouge — Bridge on river. 4 V., c. 17, s. 20 ; 4 v., c. 21. GharlcBbourg and other roads placed under Trustees. 12 V., c. 115, s. 5 ; 14-15 V., c. 132, s. 1. Chaudi6re Bridge — Construction. 16 V., c. 235, s. 9. Tolls on. 18 v., c. 160, s. 3! Loan. 20 V., c. 125, s. 12; 47 v., c. 81, s. 4. DiTigion of Trust into North and South Shore Trusts 20 v., c. 125, s. 6. Appointment of Trustees 20 V., c. 125,3. 2. Bonds of North and South Shore Trusts 20 v., c. 125. Corporate powers of Trusts. 20 V., c. 125 s 3 Gates 20 v., c. 125^ s. 7. Boads placed under their control. 20 v., c. 125 Transfer of property. 20 V., c. 125, s. 4. Dorchester Bridge — Purchase of. 12 V, c. 115, s. 2; 13-14 v., c. 102; 18 V., c. 160, s. 3 ; 33 V. , c. 48 ; 41 v., c. 46. Etehemin Bridge— Tolls. 18 V., c. 160, s. 3. Exemptions abolished 23 V., c. 69. Expenses — Recovery of 47 V., c. 82, s. 17. Rendering account of. 4 V., c. 17, ss. 29 and 37; 4 V., c 21, s. 12 ; 20 v., c. 125, s. 14; 23 V., c. 69, S. 2. Gates— Power to change 18 V., c. 160, s. 4. Levying moneys on deposit of debentures. 18 v., c. 160, s. 6. Mails, manure — Exemption from tolls of ve- hicles carting it from cities and towns. 7 V., c. 14. Montmorency Bridge — Loan. 20 V., c 125, s. 7. Oath of toll-keepers 18 V., c. 160, s. 7. Penalties — Avoiding toll-gates. 4 V., c. 17, bs.. ^ 33 and fol.. Damaging toll-gates. 4 V., c. 17, s. 31. Recovery of. 4 V., c. 17, ss. 30- and fol. ; 4V., c.21, ss. 7,10 and ' U; 41 V.,c. 46. Powers of Trustees extended to South Shore roads. 18 V., c. 160, s. 1. Rents — By persons legally incapable. 4V.,c. 17,3.7. Roads — May be replaced under control of mu- nicipalities. 20 v., c. 126, s. 6. North of RiverSt Charles placed under control of Trustees. 4,-5 V., c. 72. Roads and bridges placed under control of Trustee.'. 4 v., c. 17, s. 9;4V..c. 21; 4-5 v.. c. 72 ; 12 V., c. 115, a. 5; 13- 14 v., c. 102; 14-15 V., c. 133; 16 V., c. 235, ss. 4 and 18; 18 V., c. 160. Tolls. 4 v., c. 17, s. 10; 4V.,c. 21, s. 2; 7V.,. c. 14 ; 8 v., c. 55 ; 9 V. , c. 68 ; 12 V., c. 115, S3. 4 and 6. For road to Beauport and Dorchester- Bridge. 14-15 V ,c. 133.- For Montmorencv Bridge. 16 V., c. 235, ss. 3and6; 18 V., c. 160:41V.,c. . 46, and 47 V., c. 82, s 18. Avoiding 4 V., c. 17. ss. 33 and foL Application 4 V., c. 17, s. 18. Commutation. 4 V., c. 17, s. IG; 8 V., c. 65, s. 3; 20 V.. c. 125, s. 7; 23 V., c. 69, B. 3. Employed on C6te de Beauprfe road- 14-15 v., c. 133. Exemptions — Army and Navy, see above.. For going to church. 7 V., c. 14. For going to farms. 7 V., c. 14; 16 V ,c. 235,3.2. Her Majesty's mails. 4 V.,' c. 17, s. 16; 4 v., c. 21,s. 4. Manure 7 V., c. 14. Ministers and funerals. 4 V., 0. 17, s. 15; '23 v., c. 69; 33 V.,. c. 34.. Farming out. 4 V., c 17, s. 17; 18 V.,. c. 160, s. 5.. In winter reduced 23 V., c. 69, s. 5. QUEBEC TURNPIKE ROADS. 505 On Cap Rouge Bridge. 4 V., c. 17, s. 10 ; £ 5,000. 14-15 v., c. 133. s.l. 4V., c. 21. 30,000 and £40,000. 16 V.,. On Chaudifere Bridge. 16 V. , c. 2a5. p. il. c. 235, BS. 7 and 10. Oil DorclitBter Hndge. 12 V., c.' 11.5. 4,.')00. 20 v., C.125, s.8. On Ktclumin Biidgi'. 18 V., c. I(j0, s 3. 5.500. 20 v., c. 125, s. 9. Ou Monln o.ency Hiidf.e. 1(3 V,, c. 2S5, 7,000. 20 v., c. 125, s. 11. s. 6; 18 v., c. 160, ». 3; 20 V.,i'. 125, 5,0(!0. 20 v.. c. 125, s. 12.. s. 7; 41 V.,c. 4U. 20.000. 47 V., c. 81,8.3. On St. Louis and St. Foy loads, Ac. 20,000. 47 V., c 81, s. 4. 16 v., c. 2c5. 15,000 from Government OnValcarlier Biidgc. 18 \.. c. ItO, s 3. for Dorchester Bridge, Payable li^' cariicig 41 V.,c 46. Q^ V n Aa 1' oot i-iisstngcrs. )8 V., c.lCiO. Mannsrer of Trustees. 4 V., c. 17, s.8. S.3; 23 v.. c 69. Korih Shore— Turnpike Trust. 47 V., Schedules of 4 V , c. 17, s. 10 : 4 V., c. c. 82. 31, s. 2; 18 V., 0. ICO ; 8 V., f. 55 ; 9V., Chairman of Trust 47 c. 68; 47 v., c 82. v., c. 82,s. 10. Trustees— Acquisition of piopeity by lliem 4 Corporation of. 47 V., v., c. 17, s. 3; 20 V.. c. 125. c. 82, s. 1. Compensation tlicictdr A V., Duration of office of c. 17, BS 4 to 6. Tiustees. 47V,, C.82, Takingpossession. 4V., c. 17, s. 9. B 5. Election of. 47 V., c. Application of tolls. 4 V., c. 17, s. 18. 82, SB. 3 and foU Appointmenl. 4 V., c. 17 ; 4 V., c. 21, Powersof. 47 V.,c. 82,: 16 V., c. 235, s. 11; 20 V., c. 125; S.2:. 47 v., c. 82. Power to hand back roads to muni- Duties 4 V , c. 17. ripalities 20 V., c. 125, s. 6. Farming onto! tolls 4 V.. c, 17. s. 20; Powers. 12 V., c. 115; 13-14 V., C. 17-18 v., c. 160,ss. 4and5. 102; 14-15 v., c. 132. Inspector ap]i(,inted by Trustees. 47 Reports by. 4 V.,c! 17, ss. 29 and 37. v., c. 82. ss.'lS, 14 and 15. South Shore Trustees, &c. 20 V., c. Loan of £25,000. 4 V., c. 17, ss. 21 125.. and 22. Toll-gal CE — Erection of by them. 4 £ 8,882. 8 V , 0. 55. s. 1. v., c. 17, s. 3. 25.000. 12 v., C. 115. s. 1. Valcartier Bridge- -Tolls 18 v., c. 160, s. 3.- 15,000 14-15 v., c. 132. 3.2. 4 VICTORIA. CHAPTER 17. (Canada.) An ordinance to provide for the improvement of certain roads in the neighbourhood of, and leading to the city of Quebec, and to raise a fund for that purpose. WHEREAS the state of the roads hereinafter mentioned, Preamble., in the neighbourhood of, and leading to the city of Quebec, is such as to render their improvement an object of immediate and urgent necessitjs and it is therefore expedient to provide means for effecting such improvement, and to create a fund for defraying the expense thereof, and the expenses ne- cessary for keeping the said roads in permanent lepair : Be it therefore ordained and enacted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the special council for the affairs of this Province, constituted and assembled by virtue and under the authority of an act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled : " An act to make^ tem- porary provision for the Government of Lower Canada," and also by virtue and under the authority of a certain other act of •506 QUEBEC TURNPIKE ROADS. the same Parliament, passed in the session held in the second and third years o£ the reign of Her present Majesty, intituled : " An act to amend an act of the last session of Parliament, for makivg temporary provision for the Government of Lower Canada;" and also by virtue and under the authority of a certain other act of the same Parliament, passed in the session held in the third and fourth years of the reign of Her present Majesty, intituled : " An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada;" and it is hereby ordained and enacted by the authority of the said The Gov- acts of Parliament, that it shall and may be lawful for the appoiiit't'rus- Governor of the said Province, by letters-patent under the -tees for open- great Seal of the Province, at any time after the passing of this and Iceeninf ordinance, to appoint not less than five, nor more than nine in repair cer- persons to be, and who and their successors, to be appointed tain roads j^ the manner hereinafter provided, shall be trustees for the . And be it further ordained and enacted, that from and after the time when the trustees shall have assumed the control and management of any road or any part of any road mentioned in the ninth section of this ordinance, each and every person and persons, body or bodies politic or corporate, who may be bound by any law of this Province, or any proces- verhal duly homologated (and all such laws and proces-verbaux, shall remain in full force, except in so far as they- are hereby expressly derogated from), to repair or keep up, or to perform any service or labour, on or wilii regard to any portion of such road, or part of a road, shall and are hereby required to com- mute all such obligations with the said trustees for such sum of money as may be agreed upon by such parties respectively, and the said trustees ; and such commutation money shall be payable annually, on the first day of May in each year ; and if any such party shall neglect or refuse to pay the sum so agreed upon when due, the said trustees may sue for and recover the same with costs in any court having jurisdiction to the amount; provided always that if no such agreement or commutation shall be effected in any case, the said trustees may sue the party neglecting or refusing to make such agreement, for the sum which, in their estimation, such party ought then to pay for such commutation, in any court having jurisdiction to the amount so sued for, and may recover the same or such less sum as the court shall award ; and the rate determined by the judgment shall be the rate to be thereafter paid for such com- ' See not? at section 9 of this chapter. QUEBEC TURNPIKE ROADS 517 mutation by the party defendant, or such party as may be liable to the commutation, of the same obligations ; provided also, that costs shall be awarded to any such party who shall, before the commencement of such suit, have legally tendered to the said trustees at their office, or to the manager in person, a sum equal to that for which judgment shall in such suit be given. 20. Provided always, and be it further ordained and enacted. The trustees that it shall be lawful for the Governor of this Province, at SSioneT" any tune and whenever he shall deem it expedient, to appoint for ord. 4 V., all the said trustees to be also commissioners for carrying into f'3^' "^f^"' enect a certain ordinance passed m the present year oi Her toils on the Majesty's reign, and intituled : " An ordinance to declare and ^^P ^°"g'' regulate the tolls to be taken on the bridge over Cap Rouge " ^' Eiver, and for other purposes relative to the said bridge," notwithstanding anything in the said ordinance limiting the number of such commissioners to three ; and during the time the said trustees shall be such commissioners, the said bridge shall be held to be part of the roads and bridges, under the control and management of the said trustees, as if it had been mentioned in the ninth section of this ordinance, and the tolls authorized by the said ordinance to be levied and taken from persons using the said bridge and collected during the said time, shall form part of the funds hereby placed at the disposal of the said trustees, and shall and may be applied by them in the same manner as the tolls levied under the authority of this ordinance. * 21. And be it further ordained and enacted, that it shall be Trustees may- lawful for the said trustees, as soon after the passing of this by'ioan^^'°°* ordinance as may be expedient, to raise by way of loan, on the credit and security of the tolls hereby authorized to be imposed, and of other moneys which may come into the possession and be at the disposal of the said trustees under and by virtue of ; this ordinance, and not to be paid out of or be chargeable against the general revenue of this Proviilce, any sum or' sums of money not exceeding in the whole twenty-five thousand pounds currency ; and out of the moneys so raised as well as out of the moneys which shall come into their hands, and which are not hereby directed to be applied solely to one special pur- pose, it shall be lawful for the said trustees to defray any expenses they are hereby authorized to incur for the pul-poses of this ordinance, f 22. And be it further ordained and enacted, that it shall be Debentures to lawful for the said trustees to cause to be made out for such gaid^ioan.*^"' sum or sums of money, as they may raise by loan as aforesaid, ' See note at section 9 of this chapter. t*«a3toloan3:8V., c. 55, s. l; 12 v., c. 11,5, 9. I ; 14-15 V.., c. 132? 16 V., c. 235, 83. 7 and 10 ; 20 V., c. 125, B3. 8, 9, tl and 12 ; 33 V., c. 48, s. 1, and 47 V., c. 81, ss. 3 and 4. 518 QUEBEC TURNPIKE ROADS. And to bear ■interest. When the in- terest shall cease to ac- crue. debentures in the form contained in the schedule A, to this ordinance annexed, redeemable at such time or times (subject to the provisions herein made), as the said trustees shall think most safe and convenient ; which said debentures shall be signed in the manner above provided for the written acts relating to. the said trust, and shall be transferable by delivery. 23. And be it further ordained and enacted, that such deben- tures shall respectively bear interest at the rate therein men- tioned ; and such interest shall be made payable semi-annually, and may at the discretion of the trustees, and with the express approval and sanction of the Governor of this Province, and not otherwise, exceed the rate of six per centum per annum, any law to the contrary notwithstanding, and shall be the lowest rate at which the said sum or sums to be loaned on any such debentures shall be offered or can be obtained by the said trustees ; such interest to be paid out of the tolls upon the said roads, or out of any other moneys at the disposal of the trustees for the purposes of this ordinance. 24. And be it further ordained and enacted, that if at any time after the said debentures or any of them shall have become due and redeemable according to the terms thereof, notice shall be inserted three several times, at intervals of not less than one month apart, in th6 Quebec Gazette published by author- ity, and in some other newspaper published in the city of Quebec, requiring all holders of such debentures to present the same for payment, at a place or places in the said notice men- tioned, all interest upon any debenture then redeemable, which shall remain out more than six months from the first insertion, shall cease to accrue from the end of the said six months. Debentures 25. And be it further ordained and enacted, that nothing may be re- herein Contained shall prevent the said trustees from volun- fore the time tarily redeeming any debentures, with the consent of the law- they are made ful holder thereof, at any time before such debentures shall be """" ~ made redeemable, if the state of the funds of the said trustees shall be such as to warrant such redemption, and if the said trustees shall obtain the approval of the Governor to such redemption. redeemable. The Gov- ernor may purchase for the public nses of the Erovince d^ bentures to the amount of jEioiobo; ■ 26. And be it furthur ordained and enacted, that it shall be lawful for the Governor for the time being, if he shall deem it expedient, at any time within three years from the passing of this ordinance, and not afterwards, to purchase for the public uses of this Province, and from the said trustees, debentures to an amount not exceeding ten thousand pounds, currency, and by warrant under his hand to authorize the Receiver General te E^y to t!|i6 said trustees, out of any unappropriated public moneys in his hands, the sum secured by such debentures ; the interest and principal of and on which shall be paid to the K^ceiyer General by the said trustees, in the same manner and under the same provisions as are provided with regard to such QUEBEC TURNPIKE ROADa. 519 payments, to any lawful holder of such debentures, and being jso paid, shall remain in the hands of the Receiver General, at the disposal of the legislative authority of the Province for the time being. 2!7. And be it further ordained and enacted, that if at any A.11 arrears of time it shall happen that the. moneys then in the hands of the be*pa1dbe- said trustees shall be insufficient to enable the trustees to make fore any part -any payment required or authorized to be made by this ordi- nli 9um"aiid" .nance, all arrears of interest due on any debentures issued the Governor under the authority of this ordinance, shall be paid by the said ™*y advance trustees, before any part of the principal sum then due upon ^ch^'arrearsf .and secured by any such debenture shall be so paid ; and if the -deficiency be such that the funds then at the disposal of the trustees shall not be sufficient to pay such arrears of interest, it •shall be lawful for the Governor for the time being, by warrant under his hand, to authorize the Receiver General to advance to the said trustees, out of any unappropriated moneys in his "hands, such sum of money as may, with the funds then at the disposal of the trustees, be sufficient to pay such arrears of interest as aforesaid; and the amount so advanced shall be repaid by the said trustees to the Receiver General out of the raums so to be commuted, levied and collected as aforesaid, and being so repaid shall remain in the hands of the Receiver General at the disposal of the legislative authority of the Prov- ince. 2S. And be it further ordained and enacted, that over and The trustees .above the sums which the said trustees are authorized by the S,"'^''u'^gto''' preceding section of this ordinance to raise by way of lo'an, it pay off the : shall be lawful for the said trustees, at any time and as often principal of as occasion may require, to raise in like manner such further coming due' sum or sums as may be necessary to enable them to pay off the at a certain principal of any loan which they have bound themselves to th™s'ame'^pro. r-epay at any certain time, and which the funds in their hands, visions as the or which will probably be in their hands at such time and {'J®^^''"^ applicable to such repayment, shall appear insufficient to enable them to repay ; provided always that any sum or sums raised under the authority of this section shall be applied solely to the purposes herein mentioned, that no such sum shall be borrowed without the approval of the Governor of this Prov- ince, and that the whole sum due by the said trustees under the debentures then unredeemed and issued under the author- ity of this ordinance, shall in no case exceed thirty-five thou- sand pounds currency ; and all the provisions of this ordinance touching the terms on which any sum shall be borrowed under the authority thereof by the trustees, the rate of interest pay- able thereon, the payment of such interest, the advance by the Receiver General of the sums necessary to enable the trustees to pay such interest, and the repayment of the sums so advanced .shall be extended to any sum or sums borrowed under the authority of this section. 520 QUEBEC TURNPIKE ROADS. Application 29. And be it further ordained and enacted, that due appli- to be\™-°°*'''^ cation of all public moneys whereof the expenditure or receipt- counted for. is authorized by the preceding sections, shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords- Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Suc- cessors shall be pleased to direct. * Persons coun- terfeiting de- bentures, or attempting to pass any, knowing them to be counterfeit, to be guilty of felony. 3©. And be it further ordained and enacted, that if any person or persons shall forge or counterfeit any such debenture- as aforesaid, or any signature, endorsement or writing thei"eon or therein, or tender in payment any such debenture, or any- debenture with such counterfeit signature, endorsement or writing thereon or therein, or shall demand the payment of" any sum of money thereby secured, or of any interest thereon, knowing such debenture, or the signature, endorsement or- writing thereon or therein, to be forged or counterfeited, with intent to defraud the said trustees or any of them, or any other- person or persons, body or bodies politic or corporate, such person or persons so oftending shall be guilty of felony, j- Persons wil- 31. And be it further ordained and enacted, that if any fully injuring person or persons shall cut, break down, destroy or wilfullv' gate,&c.,tobe injure any bridge, turnpike-gate, toll-bar, toll-house, embank- guiky of a ment, drain or any work of any kind whatever erected or made misdemeanor, mjjjgj. ^}jg authority of this ordinance, or hereby placed under the control and management of the said trustees, such person- or persons so offending shall be guilty of a misdemeanor, and J being thereof lawfully convicted before any court of competent- jurisdiction, may be punished by fine and imprisonment ; pro- vided always, that nothing in this section contained shall pre- vent any person committing any offence herein mentioned from being indicted and punished as a felon, if the offence commit-- ted by such person shall in law amount to felony. Penalty on amy person obstructing any of said roads. Penalty on persons at- tempting to evade pay- ment of toll. 32. And be it further ordained and enacted, that no person shall leave any waggon, cart, or other carriage, nor shall lay or leave any matter or thing creating any obstruction of any kind in or upon any of the said bridges or of the said roads, or ■ the ditches or drains thereof, or those made by or by. order of the said trustees, under a penalty not exceeding twenty shillings- currency for each offence. S3. And be it further ordained and enacted, that if any person or perscms shall, after proceeding upon any of the said roads (whether in the winter season or in any other season) with any carriages, animals or things, liable to toll, turn out of the same into any other road, so as to evade payment of toll at* any turnpike-gate or toll-bar, such person or persons shall for-; * See on same subject : section 37 of this chapter, also 4 V., c. 21, s. 12, and 20» v., c. 126,8. 14. t See i v., c. 21, ss. 1, 10 and 11, and 41 V., c. 46, as to penalties. QUEBEC TURNPIKE ROADS. 52!^- each such offence, incur a penalty not exceeding ten shillings, currency ; and the said trustees shall and may place turnpike- gates and toll-bars on and across the entrance of any passage or way leading into or from any of the said roads, in order to prevent such evasion of toll ; and if any person shall forcibly pass or attempt to pass any such turnpike-gate or toll-bar as aforesaid, with any carriage, animal or thing on which toll shall be due, without having first paid such toll, such person or persons shall thereby incur a penalty not exceeding forty shillings currency, over and above such other punishment or penalty as might be lawfully awarded or imposed according to the nature of the offence if this ordinance had not been passed ; and shall moreover remain liable for the payment of such toll. 34. And be it further ordained and enacted, that if any Penalty on person or persons, body politic or corporate, occupying or persona per- possessing any inclosed lands near any of the said roads shall others to pasr, (whether in the winter or at any other season) knowingly per- through their-^ mit or suffer any person or persons to pass through such lands evade ^paying-^ or through any gate, passage or way thereon, with any car- toll, and alsa- riage, animal or thing liable to the payment of toll on such road, fitted to ^^'^~ for the purpose of avoiding and so as to avoid the payment avoid such thereof, such person or persons so offending, and the person or payment. persons so unlawfully permitted to avoid such payment, shall each and severally incur a penalty not exceeding ten shillings currency, for each offence, and shall moreover become jointly and severally liable to the payment of the tolls whereof the payment shall have been avoided. 35. And be it further ordained and enacted, that all penal- Penalties not. ties imposed by this ordinance, and not exceeding forty shil- ^og'^^ow to be- lings for each offence, may be sued for and recovered with recovered an*, costs, on the oath of one competent witness, before any justice disposed of. of the peace, for the district of Quebec or for the territorial division of Quebec, or for any minor local division within which the offence shall have been committed ; and such justice of the peace may, on conviction, commit the offender to the common gaol of the district, for a period not exceeding two weeks for each offence, or until such penalty and costs bepaid ; and one moiety of all such penalties shall belong to the infor- mer and the other moiety to the said trustees, for the purposes of this ordinance ; provided always, that any trustee or any provisions re- officer or servant of the trustees shall be a competent witness, ^P^^^yjf^*^^* if he be not the informer, or if he be such informer and of certain per- renounce all claim to any portion of the penalty, which shall sons as wit- in such case belong wholly to the said trustees for the purposes °'^^^'*- of this ordinance ; provided also, that no person shall be deemed incompetent to give evidence, or be disqualified from giving testimony or evidence in any action, suit, prosecution or other legal proceedings to be brought or had in any court of law, or before any justice or justices of the peace under or by virtue of this ordinance, by reason of his or her being one of 522 QUEBEC TURNPIKE ROADS. the said trustees or their creditor, or of his or her having any privileged claim on the tolls collected under the authority hereof or on any funds in the hands of the said trustees, or a farmer, lessee or collector of such tolls, or a clerk or surveyor, or other officers of the said trustees, nor shall such testimony or evidence, for any of the reasons aforesaid, be rejected or liable to be questioned or set aside, provided such person have no other and more immediate and direct interest in the penalty sued for, or in the event of the suit, action, trial, prosecution or proceeding in which his or her evidence shall be given or offered. •Persons com- 36. Provided always and be it further ordained and enacted, ^s*aiso toTe ^^^^ each and every person committing any offence against the liable for provisions of this ordinance shall, in addition to any penalty ■damages. hereby imposed for such offence, be liable to the said trustees for all damages they may have sustained by reason of such offence. Trustees to ST. And be it further ordained and enacted, that the said taiTed'ac-^" trustees shall lay detailed accounts of all moneys by them counts of received and expended under the authority of this ordinance, their proceed- supported by proper vouchers, and also detailed reports of all lish the same, their doings and proceedings under the said authority before such officer, at such times, and in such manner and form, and shall publish the same in such way, at the expense of the said trustees, as the Governor shall be pleased to direct. * The word _^ 38. And be it further ordained and enacted, that the word -de^ed.™°' " Governor" is to be understood as comprehending and meaning the Governor, Lieutenant-Governor, or person administering the Government of the said Province. This ordi- 3S>. And be it further ordained and enacted, that this ordi- nance to be nance shall be a public ordinance, and as such shall be taken notice of, held and allowed in all courts and elsewhere, and by all judges, justices and persons whomsoever without being specially pleaded. And is made 40. And be it further ordained and enacted, that this ordi- jermanent. nance shall be a permanent ordinance and shall be in force until repealed or altered by competent authority. * See as to rendering of accounts : section 29 of this chapter^ 4. V., c. 21, s. 12 j 20 v., c. 125, and 23 V ., c. 69, s. 2. QUEBEC TURNPIKE ROADS. 52a 00 <5 O o P3 o o 5 fl o ^, 53 e3 !h 2 o 9 d S _ ew 3 53 te O'O p^ O «:^ -d 03 rf O c3 "3 J -S -^ -^ .^ aj o ^ ■^>- ■? •rH m _ c3 s-(f "eg S PI ■'^ S O) (D CO ^ § u a d o P^ a d I u A. d en u ^^ I d c3 oS u o =4-1 •? o a> d § S d) ,d CO 4) =8 -S ^ ^§ :j3 'd ^ o a >. O ;-! (B to 0} i CO a> o ^S m u ■^ s O O •sis aj o O) c3 ^ a) J -tJ aj aj "^ -^'^ d _c3 ^ &,n 0! CO H CO o (53 d 2 d O o, 1 d u a3 P4 ^ -+3 d Eh 00 w eg u cd, a} :S d I 1 00 00 I 00 e3 d S S * •-J l-s l-s t-s 1-5 o IS ^d d S IS l-Sl-3, SYDENHAM. 524 QUEBEC TURNPIKE ROADS. Ordained and enacted by the authority aforesaid, and passed in Special Council, under the Great Seal of the Province, at the Government House, in the city of Montreal, the thirtieth day of January, in the fourth year of the Reign of Our Sovereign Lady Victoria, by the Grace of God, of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord, one thousand eight hundred and forty -one. By His Excellency's Command, W. B. Lindsay, Clerk Special Council 4 VICTORIA, CHAPTER 21. . (Canada.) An ordinance to declare and regulate the tolls to be taken on the bridge over Cap Rouge River, and for other purposes relative to the said bridge. Preamble. T^7"HEREAS by a certain ordinance made and passed in the ' ' second year of Her Majesty's reign, and intituled: "An ordinance to provide for the completion of certain public works, for the improvement of the internal communications, and for the encouragement of agriculture, and for other pur- poses," the sum of one thousand pounds currency was appro- priated to enable Her Majesty to purchase from the seignior of the seigniory of Cap Rouge, in the district of Quebec, the right of toll over the River Cap Rouge, and a further sum of one thousand pounds currency, to defray the expense of building a bridge over the said river, and it was ordained and enacted that the said right of toll and the said bridge, when so pur- chased and built, should be vested in Her Majesty for the public uses of the Province ; and whereas by a certain other ordi- nance made and passed in the third year of Her Majesty's reign, a further sum of one hundred and eighty-five pounds, eight shillings, currency, was appropriated to defray the expense of building the said bridge ; and whereas the said sums have been expended, and the said right of toll hath been purchased, and a bridge built, according to the provisions of. the said ordi- nances, near the mouth of the said river, and it is expedient to declare and regulate the tolls which shall be taken from the persons using the said bridge, and to provide means for keeping the said bridge in repair and renewing the same or any part thereof when necessary ; Be it therefore ordained and enacted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the Special Council for the affairs of the said Province, constituted and QUEBEC TURNPIKE ROADS. 525 assembled by virtue and under the authority o£ an act of the Parliament of the United Kingdom of Great Britain and Ire- land, passed in the first year of the reign of Her present Majesty, intituled : "J. ri- act to Tnake temporary provision for ihe Government of Lower Canada," and also by virtue and under the authority of a certain other act of the same Parlia- ment, passed in. the session held in the second and third years of the reign of Her present Majesty, intituled : " An act to amend an act of the last session of Parliament for making temporary provision for the Government of Lower Canada," and also by virtue and under the authority of a certain other act of the same Parliament, passed in the session held in the third and fourth years of the reign of Her present Majesty, intituled : " An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ;" and it is hereby ordained and enacted by the authority of the same, and by virtue of the powers in them vested by the said acts Oommia- of Parliament, that it shall be lawful for the Governor, Lieu- sioners to be tenant-Governor, or person administering the Government of for the pur- this Province, by an instrument under his hand and seal, to poses of this appoint three commissioners for carrying this ordinance into °'^ i^^^^ce. efifect, and from time to time to remove them or any of them, and to appoint others in their stead ; provided always, that any majority of the said commissioners for the time being, shall have all the powers hereby vested in the said commis- 2. And be it further ordained and enacted, that there shall Rates of toll and. may be levied and recovered by and paid to the said com- *« +? ^^iT'"*^ missioners, or such person as they shall appoint to collect and Rouge receive the same, the rates and tolls hereinafter mentioned from Bridge. the persons who shall use and pass over the said bridge, and before any passage over the same shall be permitted, that is to say : for each f our-v/heeled carriage, drawn by three, or by four horses or other beasts of draught, ten pence, currency ; for each such carriage, drawn /by two horses or other beasts of draught, six pence, currency ; for each such carriage, drawn by one horse or other beast of draught, five pence, currency ; for each two- wheeled carriage, drawn by two horses or other beasts of draught, tandem, five pence, currency ; for each such carriage, drawn by two horses or other beasts of draught, abreast, four pence, currency ; for each such carriage, drawn by one horse or other beast of draught, three pence, currency ; for each winter carriage or vehicle without wheels, drawn by three or four horses or other beasts of draught, eight pence, currency ; for each such carriage or vehicle, drawn by two horses or other beasts of draught, tandem, five pence, currency ; for each such carriage or vehicle, drawn by two horses or other beasts of draught, abreast, four pence, currency ; for each such carriage or vehicle, drawn by one horse or other beast of draught, three * See as to trustees : section 13 of this chapter, and i V., c. 17, ss. 1 and 20 ; 16 v., c. 235, B. 1.1 ; 20 V., p. 125, s. 1 and fol. ; 34 V., c 36, s. 1, and i1 Y., c. 82. 526 QUEBEC TURNPIKE HOADS. pence, currency ; for each horse, mare, mule or ass, and anjr rider mounted thereon, one penny half-penny, currency ; for each horse, mare, mule or ass, without a rider, and for each bullock, bull, cow or head of homed or neat cattle, one penny, currency; for each hog, goat, sheep, calf or lamb, one half -penny, currency ; for each person passing over the said bridge on foot, and for each person over five in any carriage drawn by four horses or other beasts, or over three in any carriage drawn by a less number than four such horses or beasts, one half -penny, Ho-w the mo- currency ; and the moneys received for the said tolls shall, after °*^t "b^'^r ^ deducting the expenses of collection, and the sum necessary to posed of. defray any other expenses which the commissioners are hereby authorized to incur, be paid over by the said commissioners, in sums of not less than fifty pounds, currency, to the trustees ta be appointed under the authority of a certain ordinance passed during the present session of the Legislature, and intituled : "An ordinance to provide for the improvement of certain roads in the neighbourhood of, and leading to the city of Quebec, and to raise a fund for that purpose," and shall form part of the funds at the disposal of the said trustees for the purposes of the said ordinance ; provided always, that the said trustees shall and they are hereby authorized and required to advance to the said commissioners from time to time out of the funds aforesaid, and as occasion may require, such sum or sums of money as may be necessary to enable the said com- missioners to defray the expenses of any repairs to, or of the re-construction of the said bridge (if necessary), on being required to make such advance, by a requisition from the said commissioners, approved in writing by the Governor, Lieutenant-Governor, or person administering the Government of this Province, anything in the said ordinance to the con- trary notwithstanding. * Tolls may be 3. Provided always, and be it further ordained and enacted,. wHhaiiy'\)er- ^^^^ *^^ ^'^ commissioners may commute the said tolls with son. any party having occasion frequently to pass or to pay toll for the passing of persons in the employ of such party over the said bridge, for such sum to be paid annually, monthly, or weekly, as may be agreed upon between such party and" the commissioners, and the sums so paid shall be in lieu of the tolls commuted for all the purposes of this ordinance. Certain ex- 4. Provided also, and be it further ordained and enacted, from'toll. *^^* ^^^ Majesty's mail, and persons, animals and carriages employed in the conveyance thereof, Her Majesty's officers and soldiers, being in proper staft" or regimental or military unif onfl, dress or undress, and their horses, but not when passing in hired or private vehicles, and all carriages and animals belong- ing to Her Majesty, or employed in her service, when conveying • See as to tolls: 4 V., c. 17, s. 10 and fol. ; 8 V., c. 55, ss. 2 and fol. ; 9 V., c. 68, B. 1 ; 12 v., c. 115, ss. 3 and 6 ; 14-15 V., c. 133,s.3i 16 V., o. 235, S3. 3 and6 ;. 18 v., 0. 160, s. 3 ; 23 V., 0. 69 ; 41 V., c. 46, and 47 V., c. 82, 3. 18. QUEBEC TURNPIKE ROADS. 527" persons in such service or returning therefrom, and all recuits marching by route, shall pass toll free over the said bridge. * 5. And be it further ordained and enacted, that it shall be How the ex- lawful for the said commissioners at all times, to pay out of feetion "re-*^" the moneys arising from the said tolls, such sums as maybe pairs, Ac, are- necessary to defray the expenses of collection, and the other *° '^®^^" current and ordinary expenses connected with the management '^^^ of the said bridge, and such sums, not exceeding fifty pounds, currency, at any one time, as may be required to defray any necessary expenses of keeping the said bridge in repair, and may build, repair and renew any toll-house or toll-gate, neces- sary for carrying this ordinance into effect, and may also, with the consent and approval of the Governor, Lieutenant-Governor, <■ or person administering the Government, and not otherwise, pay such sums exceeding the said sum of fifty pounds at one time, as may be required to meet the said expenses of any repairs or of re-constructing the said bridge, or any portion thereof, or of the works connected therewith. 6. And be it further ordained and enacted, that the said Any animal,, commissioners, or the person or persons by them employed to * draught, shall, as shall also their families, and servants being S9'"*f j'° in or upon and with such carriages, horses or other beasts of draught, pass toll free through any turnpike or toll-gate on any turnpike road in this Province ; anything in any act, or- dinance or law to the contrary notwithstanding. 3. And be it enacted, that no vehicle laden or unladen, horses No tolls tob6- or cattle belonging to the proprietor or occupier of any lands charged for divided by such turnpike road as aforesaid, shall be liable to turnpjke toll on passing through any toll-gate on such road (at whatever from one parts distance the same may be from any city or town) for the sole "an^d to'^an- ^ purpose of going from one part of the lands of such proprietor other withia,. or occupier to another part of the same ; provided such vehicle, l^alf a mile, horses or cattle do not proceed more than half a mile along such turnpike road, either in going or in returning, for farm- ing or domestic purposes only. 4. Provided always, and be it enacted, that nothing in the Act not to. foregoing enactments of this act shall extend or be construed private tolK^ to extend to any toll bridge, the tolls on which are vested in bridge. any party other than the Crown. 532 QUEBEC TURNPIKE EOADS. Preamble. Loan of jE8,882 autho- rized. 6 per cent. New-rateB of toll. 8 VICTORIA, CHAPTER 55. (Canada.) An act to amend a certain ordinance therein men- tioned, relative to the turnpike roads near Quebec. [29th March, 1845.] WHEREAS it is expedient to amend the ordinance of the Governor and Special Council for the late Province of Lower Canada, passed in the fourth year of Her Majesty's reign, and intituled : "An ordinance to provide for the improve- ment of certain roads in the neighbourhood of, and leading, to the city of Quebec, and to raise a fund for that purpose, " "by; authorizing the trustees appointed under the same to raise a further sum by way of loan, for the purpose of completing the said roads, by lowering the rates of toll, and by fixing the rates of commutation for the said tolls in certain cases, and by mak- ing other provision relative to the said roads ; 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 Prov- inces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, that it shall be lawful for the trustees of the Quebec turnpike roads, to raise by way of loan for the purposes of the ordinance cited in the preamble to this act, a further sum not exceeding eight thousand, eight hundred and eighty -two pounds, currency, to which loan, and to the debentures to be issued in consequence thereof, and to the advance of moneys out of the provincial funds to pay the interest thereon if need shall be, and to all other matters incident to the said loan, all the pro- visions of the said ordinance touching the loan thereby author- ized, are hereby extended and shall apply ; excepting always, that the rate of interest on the loan to be raised under the authority of this act, shall not in any case exceed the rate of six per centum per annum. * 2. And be it enacted, that so much of the tenth section of the said ordinance as establishes the rates of toll to be taken on the said roads, and so much of the said section as empowers the said trustees to lower the tolls with the consent of the Governor of this Province, and again to raise the same, shall be and is hereby repealed upon, from and after the first day of May next, and thenceforth the tolls mentioned in the schedule * S«e as to loans : 4 V.,c. IV.ss. 21 and fol. ; 12 V., c.ll5,B. 1; 14-15 V.,c. 132 ; 16 v., c. 235, ss. 7 and 10 ; 20 V., c. 125, ss. 8, 9, 11 and 12 ; 33 V., c. 48, 3. 1, and 4Y V., c. 81, ss. 3 and 4. QUEBEC TURNPIKE ROADS. ' S^B anmexed to this act shall be the tolls to be levied at each turnpike-gate, on the several vehicles, animals and things therein mentioned, and one-half of such tolls shall in each case be payable for each time of passing, except in cases of exemption from the payment of more than one full toll in a day, in which case such half toll shall be payable only for the first time of passing and the first time of repassing on the same day ; pro- Proviso, vided always, that except where it is herein otherwise provided, all the provisions of the said ordinance with regard to the tolls thereby authorized, and all matters and things thereunto relat- ing, sha,ll apply to those levied under the authority of this act, and to all matters and things thereunto relating. * S. And be it enacted, that the said trustees shall commute Trustees may with any resident proprietor or lessee of any lands or tenements toifg'^*th*^['i^ lying beyond any toll-gate or gates (reckoning from Quebec) dividuals. for the tolls payable at such gate or gates during any one year, for a sum equal to the tolls which would under this act bo ^payable for passing and repassing the same on one hundred Scale of com- . several days, with the carriage, horse, animal, or thing on which mutation. such commutation is effected, if the same be kept for pleasure only, or equal to the tolls which would be payable for so pass- ing and repassing on sixty several days, if the same be not kept ior pleasure only ; provided always, that this section shall not Proviso. extend to any vehicle liable to pay more than one full toll in a day, and that such commutation shall be payable in advance ; provided always, and be it enacted, that the said trustees shall not erect any toll-gates other than those already established on the said roads, f 4. And be it enacted, that if the bridge commonly called Dorchester "Dorchester Bridge," over the Eiver St. Charles, should at any l-^gfa^^*"" time hereafter be acquired by the Provincial Government and charlea and .placed under the control of the said trustees, the toll-gate now Beauport toll- placed near the entrance of the road leading to Beauport shall ^* ^' be removed to the end of the said bridge, and the tolls payable at such gate for the use of the road and bridge shall not be greater by more than one-half than the tolls which will be ■then payable at any other toll-gate, and shall be subject to commutation as aforesaid, and that then the " Charlesbourg Koad," up to the church of the parish of Charlesbourg, shall come under the operation of the said ordinance as hereby amended, and under the care, control and management of the said trustees of the Quebec turnpike roads. | * 5e«asto tolls :4V., c. I7,as.l0 andfol. ; 4 V.,c.21,s3. 2andfol.; 9V.,c. 68, s. 1 : 12 v., c. 115, ss. 3 and 6 ; 14-1.5 V., c. 133, s. 3 ; 16 V., c. 235, sa. 3 and 6 ; 18 v., c. 160, s. 3 ; 23 V., c. 69 ; 41 V., c. 46, and 47 V., c. 82, s. 18. t See as to toll-gates : 4 V., c. 17, a. 3 ; 9 V., c. 68, a. 2 ; 16 V., c. 235, ss. 2, 6 ,andl2 ; 18 V., c. 160, s. 4, and 20 V., c. 125, s. 7. t See as to control of roads and bridges : 4 V., c. 17, ss. 9, 18, 19 and 20 ; 4-5 V.,c. 72; 12 v., c. 115, s. 5; 13-14V., c. 102 ; 14-15 V., cc. 132 andl33; 16 V., c. 235; 18 V., c. 160, ss. 1, 2 and 4, and 20 V., c. 125, a. 6. '-534 QUEBEC TURNPIKE ROADS. Champigny 5. And be it enacted, that the provisions of the said orSi- " Red arid- n^nce as hereby amended, shall also, from and after the passing .€e. " of this act, extend to the road leading from Champigny Hill (the said hill included) to the bridge commonly called the "Red Bridge " or " Commissioners' Bridge." SCHEDULE OF TOLLS. * s. d. "For every coach or other four-wheeled close covered pri- vate carriage, or half -covered and open, drawn by two ^ horses or other beasts 8 Every additional horse or beast 2 For every four-wheeled private carriage, not covered, drawn by two horses or other beasts 6 Every additional horse or beast 2 For every gig, calash, dennet, spring-cart, or other pri- vate two-wheeled carriage, drawn by one horse or beast. 5 Every additional horse or beast 2 For every waggon, wain, cart, or other carriage, for loads, and not for hire, with four wheels, and drawn by two horses or other beasts 4 Every additional horse or beast 1 For every such cart or other two-wheeled carriage, for loads, and not for hire, drawn by one horse or beast, comprising all two-wheel vehicles belonging to habi- tana or common farmers 3 For every sleigh, (tratne) drag, berlin, or other winter vehicle, drawn by one horse or other beast 2 Every additional horse or beast 1 For every horse, mare, gelding, ass, mule, ox, cow, and head of other neat cattle, not drawing 1 For every horse, mare, gelding, ass or mule, with a rider. 2 For every score of sheep, lambs, hogs or swine 5 For every stage-coach, diligence, van, caravan, stage- waggon, or other stage- carriage for the conveyance of passengers, with four wheels, and drawn by one horse or beast of draught 6 Every additional horse or beast 2 For every gig, calash, dennet, spring-cart, or other car- riage, for passengers, with two wheels, and drawn by one horse or other beast of draught 5 Every additional horse or beast 1 For every waggon, wain, cart, or other carriage, for pas- sengers or goods, and carrying for hire, or conveying stones, with four wheels, and drawn by two horses or other beasts of draught 5 For every cart or other carriage, for passengers or goods, or conveying stones, with two wheels, and drawn by one horse or other beasc of draught 4 * This schedule is replaced by 9 V., t. 68. QUEBEC TURNPIKE ROADS. 535 s. d. Every additional horse or beast 1 The said tolls to be paid one-half on passihg, and the other half on repassing, as provided in the foregoing act. 9 VICTORIA, CHAPTER 68. (Canada.) An act to amend a certain act, intituled : " An act to amend a certain ordinance therein mentioned relative to the turnpike roads near Quebec^ [Mh June, 1846.] Preamble. "M^HEREAS it is expedient to amend the act hereinafter " mentioned in so far as relates to the r&tes of toll thereby- imposed ; Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of the Legis- lative 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 aftd Ireland, and intituled : " An act to re-unite the Provinces of Upper and Lower Canada, and for the Oovernment of Canada," and it is hereby enacted by the Schedule of ■authority of the same, that the schedule of tolls annexed to the to"he aetT* iact passed in the eighth year of Her Majesty's reign, and Vict., c. 55, iatituled : " An act to amend a certain ordinance therein men- It^^^^u^A ^"^ tioned, relative to the turnpike roads near Quebec," shall be and to this act" * is hereby repealed ; and the schedule to this act annexed shall snbstituted be substituted therefor, to all intents and purposes, as if the °^^^' said schedule hereunto annexed had been annexed to the said .act and referred to in several enactments thereof. * Tmstees to _ 2. And be it enacted, that the trustees of the Quebec turn- KUmlraock ' pike roads shall remove the toll-gate commonly called the Gate. "' Kilmarnock Gate," and shall not erect any other in the stead .thereof, f SCHEDULE OF TOLLS. | s. d. For every four-wheeled carriage or vehicle, drawn by one horse or other beast 6 For each additional horse or other beast 2 * See as to tolls: 4 V., c. 17, s. 10 and fol. ; 4 V., c.21,-^a.2 andfol. ; 8 V., c. S5, S3.2 andfol.; 12 V., c. 115, ss. 3 and 6 ; 14-15 V., c. 133, s. 3 ; 16 V., c. 235, es.3 and 6 ; 18 V., c. 160, s. 3; 23 V., c. 69 ; 41 V., c.46, and 47 V., c. 82, s. 18. t See as to toll-gates : 4 V., c. 17, s. 3 ; 8 V., c.55, s.4; 16 V., o. 235,s3.2,6 and 12; 18 V., c. 160, s. 4, and 20 V., c.125, 3.7. 4 This schedule is affected by 18 V., c. 160 ; 23 V,, c. 69, and 47 V., c. 82. 536 QUEBEC TURNPIKE EOADS. S. d. For every gig, calash, cab or two-wheeled omnibus, drawn by one horse or other beast ' . . 5 For each additional horse or other beast 2. For every spring-cart, cart, or other two-wheeled vehicle other than those above mentioned, drawn by one horse or other beast 3 ' For each additional horse or beast 2. For each sleigh, (traine) drag, berlin, or other winter vehicle, drawn by one horse or other beast 2 For every additional horse or other beast 1 For every horse, mare, gelding, ass or mule, with a rider. 2 For every horse, mare, gelding, ass, mule, ox, cow and head of other neat cattle 1 For every score of sheep, lambs, hogs or swine 5 The said tolls to be paid one-half on passing and the other- half on repassing. Note. — The following chapter, which is of public interest as affecting all turnpike roads, was repealed by 16 V., c. 190, and' has consequently not been consolidated in the Consolidated-' Statutes, but is reprinted here as a, reference. See 4- V-, c. 17 „ s. 15 ; 4- v., c. %1, s. 4-, and 23 V., c. 69 on the same subject. 12 VICTORIA, CHAPTER 25. (Canada.) An act to exempt naval and military officers and!" others on duty in Her Majesty's service, from the payment of toll upon any turnpike road in this Province. \^Qth May, 1849.] Preamble. "fXT'HEREAS it is expedient to provide that all persons in' ' » the naval or military service of Her Majesty, on actual duty, should be exempt from toll on all turnpike roads in this Province, when passing any turnpike gate with their horses and carriages ; 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 r •' An act to re-unite the Provinces of Upp6r and Lower Canada,, and for the Government of Canada," and it is hereby enacted All naval or by the authority of the same, that all persons in the naval or- officers^&c military service of Her Majesty, on actual duty, travelling on on duty, -with any road constructed or to be constructed under the authority their horses of an act passed during the present session of this present Par- liament, intituled: "An act to authorize tM. formation of joint QUEBEC TURNPIKE ROADS. oST stock companies for the construction of roads and other works and wagons, m Upper Canada," or under the authority of any other act of toU^n^tur".^ the ParUament of this Province, in discharge of such duty, pike roads. with their horses and carriages, and all horses, carts, carriages or waggons in charge of any such persons, conveying any naval or military stores belonging to Her Majesty, in the course of transport from one place to" another for Her Majesty's service, shall pass the gates set up across all such roads, free of toll ; anything m the said act or any other act or law in force in this Province to the contrary notwithstanding. 12 VICTORIA, CHAPTER 115. (Canada,) An Act to authorize and enable the trustees of the Quebec turnpike roads to acquire and assume the possession and property of the bridge called Dorchester Bridge, and for other pui-poses. [30th May, 1849.] WHEREAS in and by an act of the Parliament of the Prov- Preamble: ince of Lower Canada, passed in the forty-eighth year of the reign of His late Majesty King George the Third, inti- tuled: "An act for extending the duration of the patent granted Act of L. c. for erecting the bridge over the River Saint Chatties, now called recited.' '^ '' Dorchester Bridge," it was amongst other things in effect pro- vided and enacted, that after the expiration of fifty years from the twenty-second day of April, in the year of Our Lord, one thousand seven hundred and eighty-nine, being the date of certain letters-patent therein mentioned, it should be lawful for, his said late Majesty, His Heirs and Successors, to assume the possession and properiy of the bridge over the River Saint Charles near Quebec, called Dorchester Bridge, therein mentioned, upon paying to Nathaniel Taylor and others, therein designated as the proprietors of the said bridge, their heirs, executors, curators or assigns, the value which the same might at the time of such assumption bear and be worth ; and whereas in and by a certain other act of the Parliament of the said Province of Lower Canada, passed in the fifty-ninth year of the reign of his said late Majesty King George the Third, intituled : " An act to authorize Anthony Anderson and others. Act of L. C. proprietors of Dorchester Bridge, to remove the same," it was recited.''^' ^^'' amongst other things m effect provided, that, if His late Majesty should, after the expiration of fifty years from the 'date of the letters-patent, in virtue of which Dorchester Bridge aforesaid had been constructed, to wit, the _ letters- ^patent hereinbefore mentioned, assume the possession and ■property of the draw-bridge, which the said Anthony Ander- son jand others, in the said last mentioned act named and desig- ■538 QUEBEC TURNPIKE ROADS. nated as the then proprietors of Dorchester Bridge aforesaid, were thereby authorized to build and erect in lieu thereof, over the said River Saint Charles, nearer to the mouth of the said river, from the suburbs of Saint Roch on the prolongation of Craig street to the land belonging to or in possession of the above named Anthony Anderson on the opposite side of the said River Saint Charles (for which purpose he, the said Anthony Anderson, had voluntarily offered a sufficient space or porti-on of ground, as well as for roads, of communication from the said bridge with the main roads leading to the parishes of Beauport and Charlesbourg), with the toll-house, turnpike and the dependencies which might thereunto appertain and belong, and the ascent and approaches thereto, the proprie- tors of the said draw-bridge, their heirs, curators, executors and assigns, shoiild be entitled to recover and have from His Majesty, His Heirs and Successors, the full and entire value which the same should bear and be worth at the time of such assumption, and the tolls payable for passing over the same should from the time of such assumption appertain and belong to His Majesty, His Heirs and Successors, who should from thenceforward be substituted in the stead of the sa^d pro- prietors of the said draw-bridge for all and every the purposes of the said last mentioned act ; and whereas in and by a certain ordinance of the Legislature of the said Province of Lower Canada, passed in the fourth year of Her Majesty's reign, ■<)rdiuan(^ of intituled : " An ordinance to provide for the vmprovement of "yi°g or between Saint Roch street and Dorchester street, in the city Xid^e ""^ of Quebec, on the north shore of the said River Saint Charles, '' and two points as nearly as possible corresponding on the south shore of the said river. * 2. And be it enacted, that if, at the expiration of two If the present months, from and after the passing of this act, the said trus- bridge be not tees shall not have purchased the said Dorchester bridge, they newonl to* shall immediately proceed to the construction of the above Rebuilt, mentioned new draw-bridge or draw-bridges. _ 3. And be it enacted, that the trustees of the Quebec Turn- Trustees maj- pike Roads are expressly authorized to acquire any land or Purchase the portion of beach as shall be necessary for the construction of UaT''^^ the draw-bridge or draw-bridges and of the roads leading thereto, and to take possession thereof on payment to the pro- prietor thereof (in case he shall not grant the same by donation), of the whole value of such land or' beach, which said value shall be regulated, paid or distributed, as the case may be, according to the terms and provisions of the ordinance of the Province of Lower Canada, passed in the fourth year of Her Majesty's reign, and intituled : " An ordinance to provide for Ordinance *.< the vmprovement of certain roads in the neighbourhood of, and ^■' ="" leading to the city of Quebec, and to raise a fund for that purpose." 14-15 VICTORIA, CHAPTER 132. (Canada.) An act to authorize the Quebec turnpike road trustees to effect a new loan," and to extend the provisions of the Quebec Turnpike Road Ordinance to certain other roads. {^Qth August, 1851.] T^JT'HEREAS it is expedient to extend the provisions of the Preamble. ^ * ordinance hereinafter mentioned to certain other roads than those to which it at present extends ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with * &eas to control of trustees: 4V.,c. 17, ss.9, 18, 197ind20 ; 4-5V.,c.'r2; 8V., • c. 55, ss. 4 and 5 ; 12 V., c. 115, s. 5 ; 14-15 V., cc. 132 and 133; 16 V., c. 235; 18 v., 0. 160, ss. 1, 2 and 4, and 20 V., c. 125, s. 6. .■644 QUEBEC TURNPIKE ROADS. 4 v., c. 17, extended to (Certain roads. 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 Prov- inces of Upper and Lower Canada, and for thelGovernment of Provisions of Canada," and it is hereby enacted by the authority of the same, that from and after the passing of this act, the provisions of the ordinance of the Governor and Special Council of the late Province of Lower Canada, passed in the fourth year of the reign of Her Majesty, and intituled : " An ordinance to pro- vide for the improvement of certain roads in the neighbourhood of and leading to the city of Quebec, and to raise a fund for that purpose," and the powers of the trustees appointed under the authority thereof, shall apply, to all intents and purposes,' to the roads or parts of roads hereinafter mentioned, as if the said roads and parts of roads had been mentioned and described in the ninth section of the said ordinance as forming part of those to which the said provisions and powers were intended to apply, that is to say : firstly, the road from Charlesbourg, commencing from the place which forms the termination of the mile and a half which is to be macadamized under the act passed in the twelfth year of the reign of Her Majesty, inti- 12 v., c. 115. tuled : " An act to authorize and enable the trustees of the Que- bec turnpilce roads to acquire and assume the possession and property of the bridge called Dorchester Bridge, and for other purposes, " and mentioned in the fifth section of the said last mentioned act, as far as the land of Fran9ois Lafrance, and thence in two different directions, that is to say, two miles in a north-easterly direction towards Lake Beauport, and four miles and a half in a north-westerly direction, towards the township of Stoneham ; and secondly, the road leading past the grist mill belonging to the Government, in the parish of Ancienne Lorette, to the road between the seigniories of St. Gabriel and Gaudar- ville, from its junction with the public road already under the control of the said Quebec turnpike road trustees for a dis- tance of one mile and a half. * The roads .described. Trustees may "borraw £15,000, but without any guarantee on the part of the Province. Proviso : rate of interest limited, &c. 2. And be it enacted, that in order to give effect to the pro- visions hereinabove mentioned, and to those of the act last above mentioned, it shall be lawful for the Quebec turnpike road trustees to raise, by way of loan, a sum not exceeding fifteen thousand pounds, currency, and such loan and the debentures which shall be issued in conformity with the pro- visions of this act, and all other matters relating to the said loan, shall be subject to the provisions of the ordinance herein- before mentioned relative to the loan authorized under the said ordinance ; provided nevertheless, that the rate of interest to be allowed under the authority of this act shall in no case * See as to control of trustees : 4 V., c. 11, ss. 9, 18, 19 and 20 ; 4-5 V., c. 72 ; 8 v., c. 55, BS. 4 and 5 ; 12 V., c. 115, s. 5 ; 13-14 V., c. 102 ; 14-15 V., c. 133 | 16 v., c. 235 ; 18 V., c. 160, ss. 1, 2 and 4, and 20 V., c. 125, s. 6. QUEBEC TURNPIKE ROADS. 645 -exceed the rate of six per centum per annum ; and that no By what money shall be advanced out of the provincial funds for the Fior% of purpose of paying the said interest ; and all debentures issued loTn shali'be under the authority of this act, so far as regards the interest secured, payable thereon, shall take precedence and have priority of lien on the tolls and other moneys which may come into the posses- sion, and be at the disposal of the said trustees, over the in- terest payable on all debentures which shall have been issued upon the guarantee of the Province, or which shall hereafter be issued by the said trustees upon the guarantee of the Prov- ince, as well as to all claims for repayment of any sums of mpney advanced, or to be advanced to the said trustees by the Receiver General of this Province ; and the said debentures issued under this act shall, as regards both the payment of the interest and the principal thereof, rank after those issued under the authority of the act last above cited passed in the twelfth jrear of Her Majesty's reign. * 3. And be it enacted, that after the macadamizing of the Trustees to roads in the above mentioned statutes described, and of the ^PP'^ balance roads above mentioned, it shall be lawful for the said trustees the^repalring to apply any unexpended balance of the money to be raised by °^ certain the loan provided for by this act, to the repairing and maca- ^°^ ^' damisdng of the following roads, to wit : the road commonly ■«aUed "la Route de la Misere" or "la Route Saint Jacques," from the road on the northern bank of the River St. Charles to the road leading to the parish church of St. Ambroise, and the road recently ordered to be opened by the Municipal Council of the County of Quebec, between the parish of Charlesbourg, in the rear of the said parish, and the parish of Saint Ambroise, as described in the ordinance and proces-verbal of the said coun- cil, which said roads, or either of them, the said trustees shall have full power to take imder their control and management whenever they shall deem it expedient, and as soon as the said trustees shall have given notice, by an advertisement in the French language in a newspaper published in the French lan- guage in the city of Quebec, and in the English language in a newspaper published in the English language in the said city, of their taking the said roads or either of them under their control, then all the provisions of the above mentioned ordi- nance shall apply to the said roads, or to either of them, as the •case may be. • See as to loans : 4 V., c. IT, ss. 21 and fol. ; 8 V., c. 55, s. 1 ; 12 V., c. 115, s. 1 ; 16 v., c. 235, ss. 7 and 10 ; 20 V., c. 125, ss. 8, 9, 11 and 12 ; 33 V., c. 48, s. 1, ■and 47 v., c. 81, sa. 3 and 4. 546 QUEBEC TURNPIKE ROADS. 14-15 VICTORIA, CHAPTER 133. (Canada.) An act to authorize the trustees of the Quebec- turnpike roads, to issue debentures to a limited amount, for the purpose of buying and rebuild- ing the Montmorency Bridge. [30th August, 1851.] Preamble. '\\f HEREAS it will be conducive to the safety and advan- ^ * tage of the public, that the bridge over the River Mont- morency, erected under the authority of the act of the Legisla- ture o£ the Province of Lower Canada, passed in the fifty-second year of the reign of His Majesty Eang George the Third, chap- Act of L.C. tered seventeen, and intituled : " An act to authorize Frangoi» 52 G. 3, c. 17. ffy^Qf 0^^ci Joseph Jacob to erect a bridge over the Montmorency, above the Falls, " should be placed under the control of the trus- tees of the Quebec turnpike roads ; 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 as- sembled 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 theProvimces of Upper and Lower Canada, and for the Govemynent of Canada ; " and" Trustees may it is hereby enacted by the authority of the same, that the said ^s'^oSr trustees are hereby authorized to purchase the said bridge and' to rebuild it, and for that purpose to borrow a sum not exceed- ing five thousand pounds, at a rate not exceeding six per- cent, per annum. How the 2. And be it enacted, that the interest of the moneys to be debentures to borrowed under this act shall be privileged over the interest. under this on the debentures issued or to be issued by the said trustees act shall with the guarantee of the Province, and shall, as regards the- interest on the debentures last mentioned, have priority of lien on the tolls and other moneys now being or hereafter to come into the hands of the said trustees, but shall rank after the debentures issued or to be issued under the act passed in the 12 v., c. 115. twelfth year of Her Majesty's reign, and intituled : "An act ta authorize anfid enable the trustees of the Quebec turnpike roads- to acquire and assume the possession and property of the bridge called Dorchester Bridge, and for other purposes," and neither the principal or interest of the debentures to be issued under this act shall be guaranteed by the Province, or payable out of any provincial funds. Trustees to 3. And be it enacted, that whenever the said trustees rrhte orthe^ shall have purchased the said bridge over the River Montmo- '^ rency, they shall be invested with and have all the rights and QUEBEC TURNPIKE ROADS. 547 privileges vested in the proprietors thereof by virtue of the act proprietors if aforesaid, passed in the fifty-second year of the reign of King t^e^rld^|e'!'*^^ George the Third, and shall, in their stead, levy the , tolls al- lowed by the said act. * 4. And be it enacted, ' that the revenue arising from the Revenue from' said bridge, whether from tolls or otherwise, shall be exclu- ^hat" purpose sively applied to the improvement and gradual completion of to be applied., the high-road of the GSte de Beaupri, from the mill du Petit Pre towards the other extremity of the parish of Chateau Ri- cher, and below it ; and the said bridge and the said road, as it shall be so improved and completed, shall be under the con- trol of the said trustees, and subject to the provisions of the ordinance of the Special Council of the Province of Lower Canada, passed in the fourth year of Her Majesty's reign, and intituled : " An ordinance to provide for the improvement of i^-, c. itr. certain roads in the neighbourhood of, and leading to the city of Quebec, and to raise a fund for that purpose." 5. And be it enacted, that, if by reason of the refusal of the To what pur- proprietors to sell, or of their demanding too high a price for P^^y ^^^apj"* the said bridge, the said trustees shall not be able to purchase plied if the the same within six months from the passing of this act (and ''"'^^^pg|°°*^ it shall be the duty of the said trustees to enter into negotia- tions with the proprietors for the purchase thereof within the said six months), then the said trustees shall apply the sum of five thousand pounds above mentioned to the improvement and completion of the Chateau Richer Road mentioned in the next preceding section. 16 VICTORIA, CHAPTER 235. (Canada.) An act to authorize the trustees of the Quebec turnpike roads to issue debentures to a certain amount, and to place certain roads under their control. [Assented to 14sth June, 1853.] WHEREAS it is expedient to extend the provisions of the Preambl&^ ordinance hereinafter mentioned, to certain roads other than those to which they now extend, and to make further improvements in the vicinity of Quebec, through the trustees of the turnpike roads established under the said ordinance and for that purpose ; and whereas, in order to the construc- tion and completion of the works now undertaken by the said • Seem to tolls: 4 V., c. 17, ss. 10 and fol. ; 4 V., c 21 ss 2and fol. ; 8 V., c. 55, ss. 2 aud fol. ; 9 V., o. 68, s. 1 ; 12 V., c 115 ss. 3 and 6 ; 16 V o. 235, ss., 3 and 6 J 18 V., c. 160, s. 3 ; 23 V., c. 69 ; 41 V., c. 46, and 47 V., c. 82, 3. 18. 548 QUEBEC TURNPIKE ROADS. trustees, or required by law of the said trustees, it is expe- dient to provide for the raising of the necessary funds by the issue of debentures by the said trustees ; 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 as- sembled 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 Government ofCarmda; " and it Provisioas of is hereby enacted by the authority of the same, that from and ord 4. v., after the passing of this act, the provisions of the ordinance of ed to'the the Governor and Special Council of the late Province of Lower road from Canada, passed in the fourth year of Her Majesty's reign, to sT Gabriel intituled : "An ordinance to provide for the improvement of eer- ie Valcartier. tain roads in the neighbourhood of, and leading to the city of Quebec, and to raise a fund for that purpose," and the provi- sions of all acts and statutes now in force amending the said ordinance, and the powers of the trustees appointed under the said ordinance, and to be appointed under this act, shall extend or apply to the roads hereinafter mentioned, in the same manner as if the said road had been mentioned and described in the said ordinance, that is to say : the road leading from the parish church of St. Ambroise of la Jeune Lorette to the place called Valcartier, commencing at the place at which the said road begins, near the church of St. Ambroise of la Jeune Lorette, and extending to the River Jacques Castier, near the Roman Catholic Church known by the name of the Church of St. Gabriel de Valcartier. * Toll-gate to' 2- And be it enacted, that it shall be the duty of the trustees, be erected go soon as they shall have begun to macadamize the said road, waterworks to cause a turnpike to be erected upon the said road, at or ■ at Lorette: near the place where the said road approaches the build- rerenue to j^g constructed for the water-works constructed in the said after first place by the city of Quebec ; at which said turnpike the tolls year. provided by the tariff now in force shall be levied in the same manner as at other turnpikes erected upon the roads under the control of the said trustees, and the revenues of the said turnpike after the first year of its erection, shaU be farmed out in the same manner as those of other roads under the con- Proviso : in trol of the said trustees ; provided always, that any proprietor favor of .pro- of land, residing in the parish of St. Ambroise of la Jeune said parishes'! Lorette, who shall be obliged to pass through the said turnpike l-oad to go from his own residence to any land belonging to him situated beyond the said turnpike, and which shall not be rented or leased as a farm to any other person, shall be exempted from paying any toll at the said turnpike, f * See as to control of trustees: 4 V., c. 17, ss. 9, 18, 19 and 20 ; 4-5 V., c. 72 : 8 v., C.55, ss.4and5; 12 V., c. 115, s. 5 ; 13-14 V., c. 102 ; 14-15 V., cc. 132 and 133 i 18 v., c. 160, ss. 1, 2 and 4, and 20 V., c. 125, s. 6. t See as to toll-gates : 4 V., c. 17, s. 3 j 8 V., c. 55, s. 4 ; 9 V., c. 68, s. 2 ; 18 v., 0. 160, s. 4, and 20 V., c. 125, s. 7. QUEBEC TURNPIKE ROADS. 649 S. And be it enacted, that so soon as the said road shall Toll-bridge to have been completed as far as the Eiver Jacques Cartier, it shall the'jacquer be the duty of the said trustees to erect a toll-bridge upon the CartierRiver. said River Jacques Cartier at the place at which the said road shall terminate, at which bridge the same tolls shall be levied as at the turnpikes above mentioned. * 4. And be it enacted, that from and after the passing of Cove Beach this act, the provisions of the said ordinance, and the powers ^°^^ *° ^ of the said trastees shall also in like manner extend to the Rouge, road called the Gliemin des FoulOns, arid in English, "the Cove Beach Road," commencing at the place to which it is now planked and improved, and extending to the foot of Cap Rouge Rp9.d, being a distance of about three miles ; provided always. Proviso, that from the period of the commencement of the said works for the improvement of the said section of the road herein- above described, the tolls levied at the turnpike upon the said Cove Beach Road shall be increased by one-half. * 5. And be it enacted, that from and after the passing of Provisions of this act, the provisions of the said ordinance and of the stat- exteuded^o— utes amending the same, and the powers of the said trustees shall also extend — Fi/rst. — To the mail road between Quebec and Montreal, in Part of ^^^ the direction of St. Augustin, for a distance of five miles beyond Quebec anl"^ the, place to which it is now provided that the said road shall Montteal, be macadamized ; Secondly. — The by-road called the Belvidere Road, which Beividere leads from the road called the Grande AlUe to the St. Foy ^°^^- Road ; Thvrdly. A by-road which the said trustees shall have power Road between to open between the said St. Foy Road and the road along thejt- ^^y ^^d Little River St. Charles ; Roads. .Pbiw^Mi/.— The by-road called the Ste. Claire Road,commenc- Ste. Claire ing at Scott's Bridge, as far as the St. Joseph Road ; ^^■ Fifthly.— The by-road known as the Bourg Royal Road, and 'Bo^rg Royal also Route de la Commune, commencing at the Beauport high- road, for a distance of two miles : Sixthly. —The by-road which leads to Laval, commencing at Beauport and the Beauport highroad, for a distance of three miles ; *^" ■ "^ • ' SeventUy.—The road leading from the St. Louis highroad to From st^ the Gove Beach Road, passing by the church of St. Richard ; ^ou^Road^to Road. • See as to tplls : seetjpn 6 of this chapter and 4 V., o. 17 as 10 and foJ-i ^.V., 0,21, S3. 2. and fol.; 8 V., c.,55, ssv 2,and fol.; 9^-' ^v^^' ^' ^ ' If ^:' ^']r''~r- 3 and 6; 14-i5 V., c. 133, s. 3 ; 18 V., c. 160, s. 3 | 23 V., o. 69 ; 41 V:, c. 46, and 47 this act ;_ and provided further, that nothing herein contained Proviso -. act, shall prejudice or affect any hypothec or lien which any credi- ".°* *.° ^^f* tor of the trustees of the Quebec turnpike roads may have creditws of upon any property hereby vested in the South Shore Trustees, fo™er trust, for any debt contracted before the separation of the trusts, but the same may be enforced against such property under any judgment against the said North Shore Trustees, as if the prop- erty were vested in that trust. 6. The roads and works aforesaid, shall remain under the Roads placed charge of the said trusts respectively, — those on the north ^"^^^' control shore of the St. Lawrence under that of the NoHh Shore Trust, ties *''"'' and those on the south shore under that of the South Shore Trust; provided always, that either of the said trusts may. Proviso: with the consent of the Governor in Council, place for repair ^"^'^s, &c., and maintenance any of the said roads and works, or any part upto thi m™ thereof, under the control of the municipalities in which they nicipalities, lie, either altogether, or during the winter season, or during the hTcfouncU ' summer season ; and such roads shall then, either altogether or during the period of the year for which they shall be so given up, be under the control of such municipalities, and shall be maintained by the persons who are or shall be bound by proch- How main- verbal made or to be made by the said municipalities, and **'''?'^ "^'^«° which the said municipalities shall be bound to make, to main- 4cf' ^^'^ "^' tain the same ; and no tolls shall be paid to the respective trusts on the roads or part thereof so placed for repair and maintenance under the control of the said municipalities, during the period for which they shall be abandoned to the municipa- lity ; but such roads and works or any them, so abandoned for May be again the purposes aforesaid, may be again placed under the control placed under and management of the trustees for that shore of the St. trustees. Lawrence on which they lie, by any Order or Orders in Council to be made for that purpose, and tolls shall be levied thereon, and they shall be otherwise dealt with as if they had never been abandoned ; provided always, that in no case shall such Proviso, roads or works, or any part thereof, cease to be the property of the said trusts respectively, as the case may be. * 7. The said trusts, respectively, may place the turnpike Turnpike gates on the roads under their control, at such places as they gates, &o. shall think fit, and may place preventive gates at such places as they may deem expedient ; provided that those persons who Proviso : in reside between the principal turnpike gates and the preventive gg^g"^ resFdent gates shall not be bound to pay toll at such preventive gates, between cer- and the trustees may enter into any equitable arrangement *'''" gates. with any person living between two gates, or close to any gate, as to any exemption from or reduction of tolls in his favour at any gate or gates, which they may deem right to prevent injus- tice or hardship ; provided also, that any person living between Proviso : in the Montmorency Bridge or River and any turnpike gate on ^^^°'j.°gj^iQ" the Beauport Road at which tolls shall be levied for passing ^°" • See note at section 1 of this chapter. 560 QUEBEC TURNPIKE ROADS. near Mont- morency Bridge. Loan for re- ^building the Montmorency Bridge. the said bridge, shall not be liable to toll on passing the said gate ; and the exemption from toll under this section shall include all carriages, animals and things belonging to the per- sons so exempted. * 8. The North Shore Trustees are hereby empowered to borrow a sum not exceeding four thousand, five hundred pounds currency, for the purpose of repairing the bridge over the River Montmorency or building a new one, and to issue deben- tures for the sum so borrowed, the principal and interest whereof shall be payable out of and be the first charge upon the tolls and revenues of the said bridge, afer the payment hereinafter mentioned to the minor children of Ignace C6te and Magdeleine Drouin. \ Further loan 9. The said North Shore Trustees are hereby empowered to b'^N^^^h*'^^'^ borrow a sum not exceeding five thousand, five hundred pounds. Shore Trus- currency, for the purpose of paying Charles Rheaume the sum tees. (jue to him, and the interest due in July, 1857, on debentures heretofore issued by the Trustees of the Quebec Tv/rnpike Roads, and other expenses incurred or to be incurred by them ; but the debentures to be issued under this section shall have no preference over any debentures issued by the Quebec Twrn- pike Road Trustees, nor shall this issue thereof affect or impair any privilege or preference attached to any former debentures, f Provision for minor chil- dren of I. C6te and his ■wife. Loan to be raised by South Shore Trustees. 10. The said North Shore Trustees shall, out of the tolls and revenues of the Montmorency Bridge, or in default thereof out of any other moneys that may come into their hands not specially appointed by law to any other purpose, pay to each of the six minor children of Ignace C6te and Magdeleine Drouin, his wife, the sum of ten pounds yearly, from the day of the death of their said father and mother by the fall of the Montmorency Bridge, until they shall respectively attain the age of majority. 11. The said South Shore Trustees are hereby empowered to borrow a sum not exceeding seven thousand pounds, for the purpose of completing the roads and improvements now actually commenced, and which will be under their control ; and to issue debentures for the sums so borrowed, the principal and interest whereof shall be payable out of the tolls and reve- nues of the roads and works under the control of the said trus- tees, after paying the expenses of maintaining and managing the said roads and works. 5 * See as to toll-gates : 4 V., c. IT, s. 3 ; 8 V., c. 55, s. 4 ; 9 V., c. 68, 3. 2 ; 16 v., c. 235, ss. 2, 6 and 12, and 18 V., 0. 160, s. 4. t See as to loans : 4 Y., c. 17, s. 21 ; 8 V., c. 55, s. 1 ; 12 V., c. 115, s. 1 ; 14-15 v., c. 132; 16 V., c. 235, 88.7 and 10 ; 33V.,c. 48,s.l, and 4T V.,C. 81, as.3and4. § See note at section 8 of this chapter. QUEBEC TURNPIKE ROADS. 561 12. The sa.id South Shore Trustees are hereby empowered Further loan i,o borrow a sum not exceeding five thousand pounds, for the *° ^l ''^'^5'^ purpose of building a bridge over the Eiver Chaudiere, and to ^ '^'"'• issue debentures for the sum so borrowed, the principal and interest whereof shall be payable out and be the first charge upon the tolls and revenues of the said bridge. * 13. The principal and interest of debentures to be issued Provision as under the authority of this act, may be made payable either in Ind'^neeotL sterlmg or currency, and either in this Province or elsewhere, tion of deben- and the said debentures may be negotiated and disposed of by *°™^- the said trustees, with the consent of the Governor in Council, in such way and on such terms as may seem most advanta- geous to the interests of the said trusts; but the interest thereon shall not exceed the rate of six per cent, per annum ; Rate of in- and all provisions of the act hereinbefore mentioned, applicable terest limited. :generally to debentures issued by the Trustees of the Quebec Turnpike Roads, shall apply to debentures to be issued under this act, in so far as they may not be inconsistent herewith ; , Provided always, that the Province shall not guarantee or be Proviso: Pro- liable for the principal or interest of any debentures issued ■^■'"=* ^°* *° under this act, nor shall any money be advanced or paid ^°*''^°*^^- therefor out of the provincial funds. 14. The trustees to be appointed under this act shall be Trustees to deemed officers accountable for public moneys under the act account to to secure the more efficient audit of public accounts, and shall dit*'^ ° ^"" lay their accounts before the board of audit in such form and at such time and with such vouchers, as the said board shall -direct, and shall be subject to all the provisions of the said act. 15. This act shall be deemed a public act. Public act. 23 VICTORIA, CHAPTER 69. (Canada.) An act to amend the act eighteenth Yictoria, chapter one hundred and sixty, respecting the Quebec turnpike roads, f [Assented to 19th May, I860.] I_| ER MAJESTY, by and with the advice and consent of the Preamble. -'-*- Legislative Council and Assembly of Canada, enacts as follows : » * See note at section 8 of this chapter. t See as to tolls : 4 V., c. lY, ss. 10 and fol. ; 4 V., c. 21, ss. 2 and fol. ; 8 V., c. 55, S3. 2 and fol. ; 9 V., c. 68, s. 1 ; 12 V., c. 115, ss. 3 and 6 ; 14-15 V., c. 133, s. 3 ; 16 v., c. 235, S3. 3 and 6 ; 18 V., c. 160, s. 3 ; 41 V., c. 46, and 4.1 V., ■c. 82, a. 18. And as to exemptions: 4 V., c. If, s. 15 ; 4 V., c. 21, a.2; 1 V., c. 14 ; 12 V., c. 25, and 33 V., c. 34. 9R 562 QUEBEC TURNPIKE ROADS. Foot-toll at 1. The Quebec Turnpike Road Trustees shall exact one-half B°id2e^*^'^ penny from every foot passenger crossing the Dorchester Bridge. Exemption s 2. All exemptions from tolls authorized by any act or ordi- fromtoii abol- nance are abolished, and all horses, animals or vehicles what- soever, shall on every occasion be subject to the tolls fixed by the third section of the act eighteenth Victoria, chapter one Exception. hundred and sixty ; but every horse, animal, or vehicle, forming- part of any funeral procession, shall be exempt from toll. * Commutation 3. Hereafter the Quebec Turnpike Road Trustees shall not. forbidden. have the power of commuting the tolls at the gates and bridges- on the Quebec turnpike roads, any former law to the contrary notwithstanding. New roads 4. The North Shore and South Shore Trustees shall not here- not to be after open any new roads. + opened. J^ •' ' Winter tolls 5. The trustees may, with the consent of the Governor in may be dimm- Council, diminish, during the winter, the tolls payable on the- Quebec turnpike roads. Note. — The foUoiuing chapter, which is of public interest as- affecting all turnpike roads, is reproduced by article 3502 of the Revised Statutes of Quebec, and is printed here as a reference.. 33 VICTORIA, CHAPTER 34. (Quebec.) An act to exempt ministers of religion, in the performance of their duties, from the payment- of tolls on bridges and roads. \_Assented, to \st February, 1870.] HER MAJESTY, by and with the advice and consent of the- Legislature of Quebec, enacts as follows : Ministers of 1. AH ministers of , religion going to perform, or returning' religion, in from the performance of any act or duty appertaining to the ofth°irdu"i'^e3 exercise of their ministry, and all vehicles and animals actually may pass toll being used by them, in so going or returning, shall pass toll free tumpili;e-^ throagh every turnpike or toll-gate on any turnpike road or roads and bridge through which they may have occasion to pass, whether bridges. such turnpike road or bridge and the tolls thereon belong to * Section 2 of tliia chapter is mentioned at articles 2971 and 3503 of the- Revised Statutes of Quebec. f This section is amended by 4t V., c. 81, s. 1. QUEBEC TURNPIKE ROADS. SSlt the Province or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incor- porated or unincorporated company, or to any other body or person. 33 VICTORIA, CHAPTER 48. (Quebec.) An act to authorize a loan to the trustees of the Quebec turnpike roads, for the purpose of repairing Dorchester Bridge. * [Assented to 1st February, 1870.] 'TX/'HEREAS the Dorchester Bridge, across the River St. Preamblr--- _' " Charles, is in a dangerous state, and it is of urgent neces- sity that it be repaired ; and whereas the trustees of the Quebec turnpike roads, in whom the said bridge is vested, have not sufficient means at their disposal to make the necessary repairs ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The Lieutenant-Governor in Council may direct the Sis.ooffhray treasurer to pay to the trustees of the Quebec turnpike roads be lent for !» the sum of fifteen thousand dollars as a loan, subject to the bridge!^*'® provisions of this act, to enable them to repair the said brido-e, and to be expended by them for that purpose and for none other. t 2. The treasurer shall thereupon have full power-, in his How the loaaaa official name, to make and enter into any deed or contract ™^y ^e ex- with the said trustees, which may be necessary to carry out ^"^^ ® ' the provisions of this act, or which he may deem expedient in order to define the conditions of the said loan, to secure the repayment of the capital thereof with interest, and to bind the said trustees towards the Province as fully and effectually as in the case of individuals making similar contracts. 3. The said loan shall not be granted except on condition ConriitioDara®^ that the said trustees shall, every six months, pay interest '^^ '°'*'^- thereon, at the rate of five per cent, per annum, and shall also every six months make a payment on account of the pi-incipal at the rate of three per cent, per annum, on the full amount of the loan. 4. The treasurer shall, in such manner as he shall « ^°'^^- 17. The expenses incurred by the inspector, under sections Recovery of 15 and 16 of this act, may be recovered by suit in his own cuS'byTn-, name brought before any competent court ; and the amount of spector. •570 QUEBEC TURNPIKE ROADS. any judgment against the trust may be levied by seizure and attachment in the ordinary manner. Ilate of toll. 18. The tariff of tolls mentioned in the various acts re- specting the Quebec North Shore Turnpike Trust, fixed in the old currency, shall continue to be in force, but shall *be ia future calculated according to the present currency, which tolls in present currency are mentioned in schedules A, B, C and D, annexed to this act, and shall be exigible. * Inconsistent 19. All enactments inconsistent with this act are repealed. provisions re- ^omiugiuto 20. This act shall come into force on the day of its sanction, .force. SCHEDULE A. Tolls upon the Quebec Turnpike Roads (18 Vict, chap. 160). For every four-wheeled car- riage or vehicle drawn by one horse or other animal, going and returning JFor every four-wheeled car- riage or vehicle drawn by two horses or other animals, going and returning For every vehicle or omnibus intended to carry more than six but not more than six- teen persons, going and re- turning For every vehicle or omnibus intended to carry more than sixteen persons, going and returning For every gig, calash or cab drawn by one horse or other animal, going and return- ing For every gig, calash or cab drawn by two horses or other animals, going and returning Old currency. Cs. 9d. 1 2 6 3 4 8 11 New currency. $ 15 20 50 67 13 18 • See as to tolls : 4 V., c. 17, s. 10 and fol. ; 4 V., c. 21, ss. 2 and fol. ; 8 V., c. 55, ss. 2 and fol. ; 9 V., c. 68, g. 1 ; 12 V., c. 115, ss. 3 and 6 ; U-15 V., c. 133, s. 3;- 16 v., c. 235, ss. 3 and 6 ; 18 T., c. 160, s. 3 ; 23 V., c. 69, and 41 V.,c.46. QUEBEC TURNPIKE EOADS. ' 571 Old New currency. currency. For every cart, spring-cart or other two-wheeled vehicle, other than those above men- tioned, drawn by one horse or other animal, going and returning Os. 6d. $0 10 iFor every cart, spring-cart or other two-wheeled vehicle, other than those above men- tioned, drawn by two horses or other animals, going and returning. 9 15 Por every sleigh, traine, sledge, berlin or other winter vehi- cle drawn by one horse or other animal, going and re- turning 6 10 For every sleigh, traine, sledge, berlin or other winter vehi- cle drawn by two horses or other animals, going and returning 9 15 For every horse or other ani- mal with a rider, going and returning 4 07 For every horse, mare, mule, ass, ox, cow or other head of horned cattle, going and returning 2 03 For every score of sheep, lambs, hogs or swine, going and returning 10 17 SCHEDULE B. Tolls applying to Dorchester Bridge ( 18 Vict. chap. 160). Old New currency. currency. For every four-wheeled car- riage or vehicle drawn by one horse or other animal, going and returning. Is. l^d. $ 23 For every four-wheeled car- riage or other vehicle drawn by two horses or other ani- mals, going and returning.... 16 30 578 QUEBEC TURNPIKE ROAOS. Old New currency. currency. For every four-wheeled car- riage or other vehicle drawn by more than two horses or other animals; for every ad- ditional horse or other ani- mal, gojng and returning. . Os. 4id. S 07 For every omnibus intended to carry more than six but not more than sixteen per- sons, going and returning . . 3 9 75 For every omnibus intended to carry more than sixteen persons,going and returning! 5 1 00, For every gig, calash, cab or two-wheeled omnibus drawn by one horse or other animal, going and returning. 10 20 For every gig, calash, cab or two-wheeled omnibus drawn by two horses or other animals, going and returning 1 4 27 For every cart, spring-cart or other two-wheeled vehicle, other than those above men- tioned, drawn by one horse or other animal, going and returning 9 15 For every cart, spring-cart or other two-wheeled vehicle, other than those above men- tioned, drawn by two horses or other animals, going and returning : 1 1^ 23 For every sleigh, traine, sledge, berlin or other winter vehi- cle drawn by one horse or other animal, going and returning 9 15 For every sleigh, traine, sledge, berlin or other winter vehi- cle drawn by two horses or other animals, going and returning 1 1 J 23 For every horse or other ani- mal with its rider, going and returning 6 10 For every horse, mare, mule ass, ox, cow or other head of horned cattle, going and returning 3 05 QUEBEC TURNPIKE ROADS. 67S Old New currency. currency. For every score of sheep, lambs, hogs or swine, going and returning Is. 3d. $ 25 SCHEDULE C. Tolls applying to the Montmorency Bridge (62 Geo. Ill, chapter 17). Old New currency. currency. For every four-wheeled car- riage or vehicle drawn by one horse or other animal, going and returning Is. IJd. $ 23 For every four-wheeled car- riage or vehicle drawn by two or more horses or other animals, going and return- ing •.••••;• 2 6 50 For every calash, chaise, gig, spring-cart, cariole, sleigh or other winter or summer vehicle drawn by one horse or other animal, going and returning , 6 10 For every calash, chaise, gig, spring-cart, cariole, sleigh or other summer or winter vehicle drawn by two hor- ses or other animals, going and returning 8 13 For every cart, loaded or not loaded, drawn by one horse or other animal, going and returning. 6 10 For every cart, loaded or not loaded, drawn by two horses or other animals, going and returning 8 013 For every foot passenger, going and returning 1 02 For every horse, mare or foal, loaded or not loaded, going and returning 5 08 For every horse with his rider, going and returning 4 07 For every bull, ox, cow, &c., going and returning 2 04 574 _ QUEBEC TURNPIKE ROADS. Old New currency. currency^ For every pig, sheep, calf or lamb, going and returning . . Os. 2d. $ 04 For every omnibus intended to carry more than six per- sons, but not more than six- teen, going and returning . . 75 For every omnibus intended to carry more than sixteen persons, going and return- ing 1 00 SCHEDULE D. Tolls applying to the bridge over the Gap Rouge River, also- called Carouge Bridge (4- Vict, chap. 21). Old New currency. currency.. For every four-wheeled car- riage or other vehicle drawn by one horse or other ani- mal, going and returning ... Os. lOd. $ 16 For every four-wheeled car- riage or other vehicle drawn by two horses or other ani- mals, going and returning. . 10 20- For every four-wheeled car- riage or other vehicle drawn by three or four horses or other animals, going and returning 1 8 33; For every two-wheeled car- riage or other vehicle drawn by a single horse or other animal, going and returning. 6 10" For every two-wheeled car- riage or other vehicle drawn by two horses or other ani- mals, tandem, going and returning 10 IT For every two-wheeled car- riage or other vehicle drawn by two horses or other ani- mals, abreast, going and returning 8 13 For every calash, chaise, spring-cart, cariole or other winter or summer vehicle drawn by one horse or other animal, going and returning. 6 10' QUEBEC TURNPIKE KOADS. 575« Old New currency. currency. For every calash, chaise, spring-cart, cariole or other winter or summer vehicle drawn by two horses or other animals, tandem, going and returning Os. lOd $0 17 For every calash, chaise, spring-cart, cariole or other winter or summer vehicle drawn by two horses or other animals, abreast, going and returning 8 13 For every calash, chaise, spring-cart, cariole or other winter or summer vehicle drawn by three or four horses or other animals, going and returning. 14 27 For every cart, loaded or not loaded, drawn by one horse or other animal, going and returning 6 10 For every cart, loaded or not loaded, drawn by two horses or other animals, going and returning 8 13 For every horse, mare or foal, loaded or not loaded, going and returning 2 04 For every horse with its rider, going and returning 3 05 For every score of pigs, sheep, calves or lambs, going and returning 1 8 33 For every bull, ox, cow, &c., going and returning. 2 04 For each person passing over the said bridge on foot, and for each person over five in any carriage drawn by four horses or other animals, or over three in any carriage drawn by a less number than four horses or other animals,going and returning. 1 02' •S76 QUEBEC TURNPIKE ROADS. DIVERS PROVISIONS. See — 48 George 3, chapter 10, intituled : " An act for extend- ing the duration o£ the patent granted for erecting the bridge over the River St. Charles now called Dorchester Bridge." Also 52 George 3, chapter 28, intituled: "An act to authorize Anthony Anderson and others, proprietors of Dorchester Bridge, to remove the same." Also 52 George 3, chapter 17, intituled : " An act to authorize FranQois Huot and Joseph Jacob to erect a bridge over the Montmorency above the Falls." SCHEDULE OF TOLLS ON MoNTMORENCY BRIDGE UNDER SECTION 3 OF THE SAID ACT, 52 GEORGE 3, CHAPTER 17. For every four-wheeled car- s. d. riage or other vehicle, loaded or not loaded, with its driver, or four persons or less, drawn by two or more horses or other animals 13 For every two-wheeled car- riage, chaise, calash, gig or cariole or other similar ve- hicle, loaded or not loaded, with its driver, or two per- sons or less, drawn by two horses or other animals ... 04 And when drawn by one horse or other animal 3 For every cart or traine or other similar vehicle, loaded or nor loaded, drawn by two horses or oxen or other animals with the driver. . . 4 And when drawn by one horse or other animal 3 For every passenger OJ For every horse, mare, mule or other beast of burden, loaded or not loaded 2| For every horse and its rider... 2 For every bull, ox, cow, and other horned cattle of any kind whatsoever 1 For every pig, goat, sheep, calf or lamb 1 Note. — See also as to exchange of debentures : 13-lJp F., c. 103, printed below. ORDINANCES AND ACTS MONTREAL TURNPIKE TRUST ALPHABETICAL SUMMARY. Army and Navy— Exemption from tolls. 12 V., c. 25. Bonds for £20,000 may be purchased by Gov- ernor for public use. 3 V., c. 31, s. 22. Bridges at Repentigny, L'Assomption and La- chenaye, &c. 4 V., c. 1, ss. 6 and 8. Tolls on same. 4 v., c. 7. ss. 9, 10 and 11. Bridge between Isle Bourdon and Montreal. 4 ¥., c. 7, s. 7. Tolls on same. 4 v., c. 7, ss.9, lOandll. Bridges — Penalty for injuring. 4 V., c. 7, s. 20. -Commutation by persons bound to perform labour on roads, obligafory. 3 V., c. 31, s. 15. Pines — Recovery of. 3 T., c. 31, ss. 29 and 30. TJails — Bxemption from tolls. 3 V., c. 31, s. 9. Manure — Vehicles conveying from cities and towns, exempt from toll. 7 V., c. 14. Montreal Corporation — Power to bind itself to complete roads inside city. 4 V., c. 7, s. 15. "Penalties : — Roads— Obstructing. 3 V., c. 31, s. 26. Toll-bars— Wilfully injuring. 3 v., c.31,a. 25. Turnpikes — Evading payment. 3 V., c. 31,s. 25 Turnpike gates — Injuring. 3 V., c. 31, s. 25. Repeal of sections 8, 10 and 11 of 3 V.,c.31, by 4-5 v., c. 35, s. I. Roads mentioned in s. 7 of 3 V., c. 31, and s. 4 of 4 v., c. 7, considered as a single road. 4-5 v., c. 35, s. 2. Rates of toll on such road. 4-5 V., c. 35, s. 3. 'Tolls- Application of. 3 V., o. 31, s. 14. Commutation of. 3 V., c. 31, s. 12. Exemptions from. 3 V., c. 31, s. 9 ; 7 V., c. 14, and 12 V., c. 25. Rates of tolls limited on certain roads. 4-5 v., c. 35, ss. 3 and 4. Schedule of rates. 4-5 V., c. 35. Tolls on Victoria and St. Michel roads. 4-5 v., e. 35, ss. 3 and 4. ■Trustees — Appointment. 3V., c. 31,ss. Iand2. Bonds exchanged by them for certain purposes. 13-14 V., c. 103. Commutation of tolls by them. 3 V., c. 31. Commutation with them by persons bound to labour on roads. 3 V., c. 31, s. 15. Corporation of Montreal may agree with them about roads in city. 4 V., c. 7, s. 15. Trustees — Exchange of bonds b)- them. 13-14 v., c. 103. Improvement, repair, &c., of roads and bridges by them. 3 V., c. 31, s. 3. Loan of £36,000 by them. 3 V., c. 31, s. 16. Debentures to issue for. 3 V., c. 31, s. 17. Interest on same. 3 V., c. 31, ss. 18, 19 and 20. Redemption of. 3 V., 0.31, ss. 21; 22 and 23. Loan of £12,000. 4 V., c. 7, s. 16. Debentures issued for. 4 V., c. 7, s. 19. Interest on do and advance by Government to pay same. 4 V. , c. 7, ss. 16, 17 and 18. Loan of £27,000. 9 V., c. 57, s. 4. Loan of £12,000. 12 V., c. 120, ss. 5 and 6. Manager of Trust 3 V., o. 31, s. 6. Name given to Trustees. 4-5 V., c. 35, s. 5. Powers, acquiring of property, &c. 3 v., c. 31, and 4 V., c. 7, ss. 13 and 14. Compensation and arbitration. 3 v., c. 31, 3. 5, and 4 V., c. 7, s. 13. Rent to persons legally incap- able. 3 v., c. 31, s. 4. Powers with respect to following roads: C6te St. Antoine, C&te des Neiges, Lachine, 1' Abord-i-Ploutfe, ■ St. Laurent, Lachenaye, L'Assomp- tion, Repentigny. 4 V., c. 7. Powers with respect to the bridge be- tween risle Bourdon and Montreal, and other bridges. 4 V., c. 7. Repairs of roads by them. 3 V., c.31,s.3. Reports by them. 3 V., c. 31, s. 7. Roads placed under control of Trustees. 3 v., c. 31;4 v., c. 7; 9 v., c. 67 ; 12 V., c. 120, and 27 v., c. 32. Roads St. Michel and Sault-au-R6col. let — Acquisition by Trustees. 12 v., c. 120. Compensation therefor. 12 V., c. 120, s, 2. Tolls exigible thereon. 12 V., c. 120, s. 32. Tolls — Applicati on of by Trustees. 3 V. c. 31, s. 14, Letting out of by auction by Trustees. 3 V., c. 31, s. 13. Turnpikes may be placed by Trustees. 3 v., e. 31, s. 27. 37 5T8 MONTREAL TUENPIKE EOADS. 3 VICTORIA, CHAPTER 31. (Canada.) An ordinance to provide for the improvement of the roads in the neighbourhood of, and leading; to the city of Montreal, and to raise a fund for that purpose. Preamble. TX7"HEREAS the state of the roads in the neighbourhood of,, ' ' and leading to the city of Montreal, is such as to render their improvement an object of immediate and urgent necessity,, and it is therefore expedient to provide means for effecting such improvement, and to create a fund for defraying the expense thereof, and the expenses necessary for keeping the said roads in permanent repair ; Be it therefore ordained and enacted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the Special Council for the affairs of this Province, constituted and assembled by virtue and under the authority of an act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled : " An act to make temporary provision for the GovernTnent of Lower Canada ; " and also by virtue and under the authority of a certain other act of the same Parlia- ment, passed in the session held in the second and third years of the reign of Her present Majesty, intituled : " An act to amend an -act of the last session of Parliament, for making tempo- rary provision for the Government of Lower Canada ; " and. The Governor it is hereby ordained and enacted by the authority of the said, may appoint j^^^g Qf Parliament, that it shall and may be lawful for the opening,mak- Governor of the said Province, by letters-patent under the- ing and keep- Great Seal of the Province, at any time after the passing of cefta^uroads ^^^^ Ordinance, to appoint not less than five, or more than nine leading to persons to be, and who, and their successors, to be appointed. Montreal. jj^ ^j^g manner hereinafter provided, shall be trustees for the purpose of opening, making and keeping in repair the roads- hereinafter specified. * In case of the 2. And be it further ordained and enacted by the authority death, &c., of a^fQj.gga^j,j^ that in case of the death, absence for more than trustees, the three months from the Province, misconduct, inability, or Governor to neglect to act, or resignation of any one or more of the trus- oth°r™in ^^^^ SO to be appointed, the Governor of the said Province may their place, declare a vacancy in the said trust, and supply and fill such vacancy by the appointment, by letters-patent, of other one or more trustees as the case may require ; and until such appoint- ment, the remaining trustee and trustees, or the majority of them, shall continue to do and perform all and every the acts, matters and things necessary for and pertaining to their trust and the purposes of this ordinance * See as to trustees : 4-5 T., c. 35, 9. 5. MONTREAL TURNPIKE ROADS. 579 S. And be it further ordained and enacted by the authority Trustees may. aforesaid, that the said trustees, for all the purposes of this ^"^^"L''® ordinance, may sue and be sued, and answer and be answered and may'' unto in all courts of justice and other places, and may acquire acquire p^op-^. property and estate, movable and immovable, which being so esta e" acquired shall be vested in Her Majesty for the public uses of the Province, subject to the management of the said trustees for the purposes of this ordinance, and may in the manner which they shall deem fit, cause the said roads, and each of May improre, thera, and the bridges thereupon, to be improved and widened, ^^?f °^g®' ^^ repaired and made anew, and may change the direction of the K'roads ! * said roads, or of any or either of them, and may cause to be ^^^ bridges repaired and made anew and maintained all drains and other the manne°r- passages which they may deem necessary, either within or with- they may out the fences on the sides of the said roads, or of any of them, ^^^'"^fi*- or in or through any lands or premises whatsoever,' and may, for the purposes aforesaid, or for any of them, by themselves, their agents and servants, go into and enter upon any land or- real property whatsoever, and take therefrom any earth, stone or other materials which they may deem necessary for the purposes of this ordinance, and may cause to be erected gates, toll-bars, turnpikes, turnpike houses, and other buildings, and May erect may from time to time appoint and employ a surveyor, and toll-bars, all such officers and persons, under them, as they may deem |fkes', &c.°' necessary for the purposes of this ordinance, and may remove and mayem- such surveyor and other officers and persons, or any of them, viyor'^and' and appoint others in their stead, and may cause to be given, other persona^ and take and receive from such officers and persons respec- and grants tively, security for the due performance of their respective peasatioa.. " duties, and may pay to such surveyor, officers and persons, such reasonable compensation as the said trustees shall deem meet, and generally to do and perform all such matters and things as may be necessary for carrying this ordinance into efiect, according to the true intent, meaning and object thereof ; any law, statute or usage to the contrary notwithstanding. * 4. And be it further ordained and enacted by the authority An annual aforesaid, that if the said trustees, in the execution of their ™'?^ '° ^^ trust, and for the purposes of this ordinance, shall, as they are acquiredfroia hereby authorized to do, acquire and hold any lands or persons who grounds belonging to or in the possession of any body politic, common" ' community, corporation, or other person or persons whomsoever, course of law- who cannot in common course of law, sell or alienate any such ^s^l^'l'^m. lands or grounds, an annual rent to be fixed by agreement or by arbitration, and not a principal sum, shall be paid as an equivalent ; and in case the said parties shall not agree upon the amount of such rent, or upon arbitration to fix the same, the said rent shall be settled and determined by the judgment of any court of competent jurisdiction, to be rendered in an action or actions to be instituted for that purpose by the parties concerned, against- the said trustees. Provided always, * See as to toll-gates : sections 25, 27 and 28 of this chapter, and 4V.., c. 7^ s. 9.- 580 MONTREAL TURNPIKE ROADS. that if the amount at which the said annual rent shall be set- tled by such judgment, shall not exceed any sum which the said trustees may have tendered previously to the institution of such actions, the party instituting the same shall pay all costs of suit, but if otherwise, the said tmstees shall pay all The toHa to costs of suit ; and for the payment of the said annual rent, and chargeable every other annual rent agreed upon or ascertained, for the for all annual purchase of any lands or grounds, the said tolls to be levied j-ents. g^j^^ collected thereon, shall be, and are hereby made liable and chargeable in preference to all other claims whatsoever. Trustees, be- 5. And be it further ordained and enacted by the authority in^anvYand a-foresaid, that the said trustees, before acquiring any land for from proprie- the purposes of the said trust (except in the case provided in themthe^va- *^® fourth Section of this ordinance), shall pay to the proprie- lue of each tor or proprietors thereof the just and reasonable value of such land, and land, and they shall make . reasonable satisfaction to each and compensation *', -, ,.,. , i i n i j^- i for damages every person, body pontic or corporate, who shall have suitered suffered. damage by reason of anything done by them in carrying this ordinance into effect, beyond the amount of such damage, as the party might have been bound to suffer, without compen- sation, before the passing of this ordinance, by the laws of this If the party Province ; and if the party entitled to such value or compensa- entitled to ^Jqj^ shall not be satisfied with the sum offered by the said &c.,benot' trustees, the same shall be decided by a Jury to be empan- satisfied with elled and sworn for that purpose, at any sitting of the Court ed^ thrsan^e' of Quarter Sessions for the district of Montreal, at the suit of to be decided the party sustaining such damage ; and if the damages awarded by a jury. Y)y the verdict of such jury shall exceed the compensation offered, the trustees shall pay the costs of suit, which shall otherwise be paid by the party who shall have brought the same. The trustees 6. And be it further ordained and enacted by the authority onToUheir* aforesaid, that the said trustees, or a majority of them, may, number to be by an instrument in writing signed by them, appoint one of *f ^th°^"t^*\ their number to be the manager of the said trust ; and any and all acts, matters and things by him done and performed in and about the said trust, and for the purposes of this ordi- nance, and any and all writings and documents whatsoever, relating to or connected with the said trust and the purposes ) of this ordinance, signed by him, and countersigned by two of the other trustees, in case they be five in number, or by three of the other trustees, in case they be more than five in number, shall be held to be good and valid to all intents and Provisos. purposes whatsoever ; provided always, that the said trustees, or a majority of them, may, by an instrument under their hands, revoke such appointment, and appoint in like mariner any other of their number manager as aforesaid ; and provided also that nothing herein contained shall prevent or be construed to prevent the trustees or the majority of them from acting collectively for all the purposes of 'their trust and of this ordi- nance, without appointing a manager as aforesaid. MONTREAL TURNPIKE ROADS. 581 T. And be it further ordained and enacted by the authority Roads oveE aforesaid, that the roads to and over which the provisions of ^"^^^^ *^^ ^j^^ this ordinance, and the powers of the said trustees shall triistee3°shall extend, are :t- extend. Firstly. — The Upper Lachine Road, from the boundary of the city and town of Montreal, towards the south-west, to the upper entrance of the Lachine Canal, and the continuation of the said road towards the Pointe Claire, two hundred yards above and beyond the said upper entrance of the said canal. Secondly. — The main road from the boundary of the said city and town, towards the north-east to the ferry over the River des Prairies, at the place commonly called Bout de I'Isle, iu the Parish of La Pointe-aux-Trembles. Thirdly. — The Cdte des Neiges Road, from the boundary of the said city and town, towards the north-west, to the place called L'Abord-d-Plouffe on the said River des Prai/ries. Fov/rthly. — The main road commonly known as the conti- nuation of the St. Lawrence Street, and leading in a north- westerly direction from the city boundary to Mile-End Tavern, and thence in the same direction to a point on the said River des Prairies, in the parish of Sault-au-Bdcollet. Fifthly. — The road commonly called the Road of the Cdte Ste. Uatkerine, from the said road thirdly above mentioned to the said road lastly above mentioned, and thence to the road next hereinafter mentioned. Sixtlhy. — The road commonly called the Victoria Road, from the boundary of the said city and town, towards the north-east, running to the north-west until it joins the road last above mentioned. Seventhly. — The Lower Lachvne Road, from the boundary of the said city and town, towards the south to, and one hun- dred yards beyond its junction with the cross road leading from the said Lower Lachine Road to the Upper Lachine Road, hereinafter mentioned, at or near the Village of Saint Henri. Eighthly. — The cross road last above mentioned, and throughout its whole length as above defined. Ninthly. — The said Lower Lachine Road, from a point one hundred yards below, and to the eastward of the church of the parish of Saint Michel de Lachine, to its junction with the said Upper Lachine Road ; provided always, that the word " road," in this section, shall be construed to mean as well frqnt roads as routes or bye-roads, and any new road or part of a road (between the said points of beginiiiirg and ending of- each i-oasd respectively) to be made by the ■saiid ttusft(5os, As •582 MONTREAL TURNPIKE ROADS. Trustees may €xact and receive tolls •on each of the said roads. ■Eates to be -exacted on the Upper La- chine Road. well as the now existing roads or portions o£ roads between such points. * Note. — The following section is repealed by 4-3 V., c. 35, hut is reprinted here as a reference : H. And be it further ordained and enacted by the authority aforesaid, that the said trustees may, and shall demand, levy, exact and receive, on each of the said roads, at its turnpike- gates and toll-houses to be thereon established, under and by virtue of this ordinance, from all and every person and persons who shall pass upon or use the said roads, or either of them, the certain tolls and rates hereby established, that is to say : upon the one of the said roads in the seventh section of this ordi- nance firstly mentioned, known as the Upper Lachine Road, the tolls and rates following, namely : — For any waggon, wain, cart or other wheel carriage for the transportation of loads, the wheels whereof have tires or tracks of the breadth of five inches or upwards, English measure, drawn by one or two horses or other beasts, if the same be loaded, in whole or in part, the sum of six pence, currency, and if the same be not loaded, the sum of four pence, currency. And for every such waggon, wain or cart with wheels, the tires or tracks whereof shall have a breadth less than five and not less than tw^o and a quarter inches, English measure, drawn as aforesaid, if loaded, in whole or in part, the sum of eight pence, currency, and if not loaded, the sum of six pence, currency ; and for every such waggon, wain or cart with wheels, the tires or tracks whereof shall have a breadth of less than two and a quarter inches, drawn as aforesaid, if loaded, in whole or in part, the sum of one shilling, currency, and if not loaded, the sum of eight pence, currency ; and for every additional horse or other beast to any such waggon, wain or cart, hereinbefore mentioned, the further sum of four pence, currency. For every coach, stage-coach, gig, calash, dennet, spring- cart, or other wheel carriage (other than waggons, wains and carts, of the description hereinbefore mentioned) having wheels with tires of the breadth of two and a quarter inches or upwards, English measure, drawn by one horse or other beast, the sum of eight pence, currency ; and for every such coach, stage-coach, gig, calash, dennet, spring-cart, or other wheel carriage (other than waggons, wains and carts of the descrip- tion hereinfore mentioned) having wheels with tires or tracks, less than two and a quarter inches, English measure, in breadth, drawn as aforesaid, the sum of one shilling, currency ; and for every additional horse to such stage-coach, gig, calash, dennet, spring-cart, or other wheel carriage, the further sum of four pence, currency. For every sleigh, (traine) drag, berlin, cariole, or other winter vehicle whatsover, drawn by one horse or other beast. * See as to control of trustees : 4 V., c. 7, ss. 1 and fol. C. 120, 8. 1, and 2T V., c. 32, s. 3. 9V., c.6t,s. 1; 12 Y., MONTREAL TURNPIKE ROADS. 583 ihe sum o£ four pence, currency ; and for every additional horse, the further sum of two pence, currency. For every horse, mare, or gelding with a rider, the sum of four pence, currency. For every horse, mare, gelding, ass, mule, ox, cow, and head ^f other neat cattle, not drawing, the sum of two pence, cur- rency. For every score of sheep, lambs, hogs or swine, the sum of five pence, currency. And upon all the said several roads, in the said seventh sec- How the rates ■tion of this ordinance described, other than the said Upper <"i ^}^^ °*'^f'^ Lachine Road, the tolls and rates to be so demanded, levied, be regulated ■exacted and received as aforesaid, for every waggon, wain, cart, and goyeru- or other wheel carriage, for the transportation of loads, and for ^ ' •every coach, stage-coach, gig, calash, dennet, spring-cart, or ■other wheel-carriage, and for every winter vehicle, and for every horse, mare and gelding, with or without a rider, and every ass, mule, ox, cow and other head of neat cattle, and ■every sheep, lamb, hog or swine, passing on or using the said several roads, other than the said Upper Lachine Road, shall be regulated and governed, in amount, by the said tolls and rates hereinbefore established and authorized to be taken upon the said Upper Lachine Road, according to the proportion which the said several roads respectively bear in length to the said Upper Lachine Road, subject in all respects to the rules, classifications, scales and degrees hereinbefore provided for, and in relation to the said Upper Lachine Road, and the tolls and rates to be thereon taken, that is to say : the tolls and rates to be demanded, levied, exacted and received by the said trustees upon each of the said several roads, other than the said Upper Lachine Road, shall bear the same proportion in amount to the said tolls and rates hereinbefore specified, as the length of such road bears to the length of the said Upper Lachine Road, unless in ascertaining such proportion in reference to any of the said several roads, the result shall exhibit a fractional part of a penny, in which case such fractional part of a penny shall be deducted, and the sum remaining after such deduction shall be rate and toll upon such road ; and the said trustees may, and they are hereby Trustees to authorized and empowered to make and establish the regulations make ^regaU- under which such tolls or rates shall be so levied and collected, collection of ,and with the consent of the Governor, may from time to time, the tolls, and ,as they shall see fit, alter and change and modify the said rates Stalls with and tolls, and the said regulations, and may and shall prevent the consent of the passing through any turnpike-gate, or toll-bar, by any the Governor. person, vehicle, animal or thing, from or on which any rate or toll shall be payable, until such rate or toll shall be paid ; and A table of the the said trustees shall affix in a conspicuous place at each turn- XVd°at^ pike-gate and toll-bar, whereat any rate or toll is payable, a each turn- table of the tolls to be taken thereat, and the regulations under pike-gate,&c. which such tolls are to be levied, plainly and legibly printed. Provided always, that nothing herein contained shall entitle Proviso, -the said trustees at any time to establish, demand, levy, exact, or receive any mtes pr tolls upon the said roads, or any of 584 MONTREAL TURNPIKE BOADS. them, exceeding the rates and tolls hereinbefore authorized to be exacted and received.* Her Majesty's 9. Provided always, and be it further ordained and enacted tary'pers^nf," ^7 ^^^ authority aforesaid, that Her Majesty's mail, and per- carriages aad SOUS, animals and carriages employed in the conveyance thereof,., horses m H. jjg,. Majesty's officers and soldiers being in proper staff, or and persons regimental or military uniform, dress or undress, and their attending horses (but not when passing in a hired or private vehicle), and pass toU free. ^^^ carriages and all horses belonging to Her Majesty, or em- ployed in her service, when conveying persons in such service or returning therefrom, and all recruits marching by route, and all persons, animals, and carriages attending funerals, shall pass toll free through any turnpike and toll-gate to be erected under the authority of this ordinance, f Note. — Sections 10 and 11 which follow are repealed by 4-5 v., c. 35, hut are reprinted here as a reference. Certain ex- lO- Provided always, and be it further Ordained and enacted emptions hy the authority aforesaid, that no more than one full toll in ment o/more ^ny one day (to be computed from twelve of the clock at night- than one full to twelve of the clock in the next succeeding night) shall be^ one d^T°^ demanded or taken, for or in respect of the same horse or horses, or other beast or beasts, or cattle drawing the same waggon, wain, cart, coach, gig, calash, dennet, spring-cart, or other wheel carriage or winter carriage, or for or in respect of the same horse, mule, ass or other beast or cattle, laden or unladen, or not drawing, or for or in respect of the same oxen\ or ox, neat cattle, calves, swine, sheep or lambs, for passing and repassing through all or any of the gates along the line of the. same one of the said roads, except as hereinafter mentioned. Description H- Provided also, and be it further ordained and enacted of carriages, by the authority aforesaid, that the tolls hereby made payable e^^]^\^l oi for and in respect of any stage-coach, diligence, van, caravan,, passing. stage-waggon, or other stage carriage, or any cart conveying; passengers or goods for pay or reward, or conveying stones,.. and for and in respect of any horse or horses, beast or beasts, drawing the same, shall be payable and paid every time of Penalty passing or repassing along the said road ; and if any person or taking''the be- P^i'^o^s shall claim or take the benefit of any of the exemptions nefit of any aforesaid, not being entitled to the same, every such person exemption, gliall, for every such offence, forfeit and pay any sum not- to same. exceeding five pounds, and in all cases the proof of exemption, shall lie upon the person claiming the same. * See as to lolls : 4 V., c. 1, ss. 9 and fol. ; 4-5 V., c. 35, ss. 1 and fol. ; 12 V.,. c. 120, ss. 3 and 4, and 27 V., c. 32, ss. 1, 2 and 4. t See as to exemptions : 4 V., c. 7, s. 10 ; 7 V., c. 14 ; 12 V., o. 25, and 33 T.,. C.34. MONTBEAL TURNPIKE ROADS. 585^ 12. And be it further ordained and enacted by the authority Trustees may aforesaid, that the said trustees may, if they think proper, toUsTithlnV commute the tolls on any road, or portion thereof, with any person, person or persons, by taking a certain sum, either monthly or yearly, in lieu of such tolls. IS. Provided always, and be it further ordained and enacted May make an by the authority aforesaid, that the said trustees may make ^an" minr'i such equitable arrangement, with any person desiring or having wUh any°perl occasion to cross any one or more of the said roads, as to them son desirous may seem just and reasonable ; and may from time to time, if any rf^the^ they shall deem it advantageous to the public, let or farm the said roads. tolls to be levied on any of the said roads, by public auction to ^ifs b/l'Jfc- the highest and best bidder, for a time not exceeding one year tion for one in any case, taking good and sufficient security from the farmer y^'^''- or lessee. 14. And be it further ordained and enacted by the authority Under whos& aforesaid, that the said roads shall, from and after the passing ^^'^nagement of this ordinance, be and remain under the exclusive manage- the said roads, ment, charge and control of the said trustees, and the tolls f^^ ^°tu^' *m*. thereon shall be applied solely to the necessary expenses of the are to be management, making and repairing of the said roads, and the applied, payment of the interest on and principal of the debentures hereinafter mentioned ; and all powers, authorities, jurisdiction and control over or with regard to the said roads, or any of them, heretofore vested in any grand-voyer, overseer of roads or road surveyor, or other road officer, by a certain act passed in the thirty-sixth year of the reign of King George the Third, intituled : " An act for making, repairing and altering the high- ways and bridges in this Province, and for other purposes," or by any other act or ordinance or law whatever, shall cease and determine from and after the passing of this ordinance. 15. And be it further ordained and enacted by the authority Persons aforesaid, that from and after the passing of this ordinance, bound by law- each and every person and persons, body or bodies politic or any labour corporate, who may be bound by any law of this Province, or on any of ther any proces-verbal duly homologated (and all such laws and ^ygt gy„j.' proces-verbaux shall remain in full force, except in so far as mute by ihe they are hereby expressly derogated from), to repair or keep ^n^™n° a"*" up, or to perform any service or labour, on or with regard to sum. any portion of any road hereby placed under the control of the said trustees, shall and are hereby required to commute all such obligations with the said trustees for such sum of money as may be agreed upon by such parties respectively, and the said trustees, and such commutation money shall be paya,ble annually, on the first day of May in each year ; and if any such party shall neglect or refuse to pay the sum so agreed upon when due, the said trustees may sue for and recover the same, with costs, in any court having jurisdiction to the amount ; provided always, that if no such agreement or commutation shall be effected in any case, the said trustees njay sue tka 586 MONTREAL TURNPIKE ROADS. party neglecting or refusing to make such agreement, for the sum which, in their estimation, such party ought then to pay for such commutation, in any court having jurisdiction to the amount so sued for, and may recover the same or such less sum as the court shall award; and the rate determined by the judgment shall be the rate to be thereafter paid for such commutation by the party defendant, or such party as may be liable to the commutation of the same obligations ; provided also, that costs shall be awarded to any such party who shall, before the commencement of such suit, have legally tendered to the said trustees at their office, or to the manager in person, a sum equal to that for which judgment shall in such suit be given. Trustees may 16. And be it further ordained and enacted by the authority currency 'by' aforesaid, that it shall be lawful for the said trustees, as soon loan. after the passing of this ordinance as may be expedient, t(j raise by way of loan, on the credit and security of the tolls hereby authorized to be imposed, and of other moneys which may come into the possession and be at the disposal of the said trustees under and by virtue of this ordinance ; and not to be paid out of or be chargeable against the general revenue of this Province, any sum or sums of money not exceeding in the whole thirty -five thousand pounds currency. * ibe^hTue"d for" ^'^' "^^^ ^® ^* ^^^ther ordained and enacted by the authority said loan. aforesaid, that it shall be lawful for the said trustees to cause to be made out, for such sum or sums of money as they may raise by loan as aforesaid, debentures in the form contained in the schedule A, to this ordinance annexed, redeemable at such time or times (subject to the provisions herein made) as the said trustees shall think most safe and convenient, which said debentures shall be signed in the manner above provided for the written acts relating to the said trust, and shall be transferable by delivery. Debentures 18. ^.nd be it further ordained and enacted by the authority atereat. ^aforesaid, that such debentures shall respectively bear interest .at the rate therein mentioned which may, at the discretion of the trustees, and with the express approval and sanction of the ■"Governor of this Province, and not otherwise, exceed the rate •of six per centum per annum, any law to the contrary not- withstanding, and shall be the lowest rate at which the said sum or sums to be loaned on any such debentures shall be -offered or can be obtained by the said trustees ; such interest .to be paid out of the tolls upon the said roads, or out of any .other moneys at the disposal of the trustees, for the purposes *of this ordinance. * See as to loins ; 4. V., c. 7, ss. 16 and 17 : 9 Y,, o, 67, S3. 4 and fol. ; 12 V., c. 120, SB. 5 and 6. MONTREAL TURNPIKE ROADS. 587 19. And be it further ordained and enacted by the authority Persons coun- flforesaid, that if any person or persons shall forge or counter- of'[he'dfb^e°i^ feit any such debenture as aforesaid, or any signature, indorse- tures, or at- ment, or writing thereon or therein, or tender in payment any tempting to such debenture, or any debenture with such counterfeit signature, Inowmg "° ' indorsement, or writing thereon or therein, or shall demand then) to be the payment of any sum of money thereby secured, or of any to be'^guUty interest thereon, knowing such debenture or the signature, of felony. indorsement, or writing thereon or therein, to be forged or counterfeited with intent to defraud the said trustees or any of them, or any other person or persons, body or bodies politic or corporate, such person or persons so offending shall be guilty of felony. 20. And be it further ordained and enacted by the authority When the in- aforesaid, that if at any time after the said debentures or any debentures'^^ of them shall have become due and payable, according to the shall cease terms thereof, notice shall be inserted three several times, at to accrue. intervals of not less than one month apart, in one of the newspapers published in the city of Montreal, and in the Quebec dazette, published by authority, requiring all holders of such debentures to present the same for payment, all interest upon any debenture then payable, which shall remain out more than six months from the first insertion, shall cease to accrue from the end of the said six months. 21. And be it further ordained and enacted by the authority Debentures aforesaid, that nothing herein contained shall prevent the said ™"y ''V*"-th trustees from voluntarily redeeming any debenture, with the the consent consent of the lawful holder thereof, at any time before such "^P*""*'?^' debenture shall be made redeemable, if the state of the funds time'^the/ are of the said trustees shall be such as to warrant such re- made redeem- demption. ^*'^"- 22. And be it further ordained and enacted by the authority The Governor aforesaid, that it shall be lawful for the Governor for the tijne ^^^t|J'"'^^t,*ig being, if he shall deem it expedient, at any time within three u'sesof the ' years from the passing of this ordinance, and not afterwards. Province, de- to purchase for the public uses of this Province, and from the the Amount said trustees, debentures to an amount not exceeding twenty of £20,000, thousand pounds currency, and by warrant under his hand to currency. authorize the Receiver General to pay to the said trustees, out of any unappropriated public moneys in his hands, the sums secured by such debentures ; the interest and principal of and on which shall be paid to the Receiver General by the said fanistees, in the same manner and under the same provisions as are provided with regard to such payments, to any lawful holder of such debentures, and being so paid, shall remain in the hands of the Receiver General, at the disposal of the legis- lative authority of the Province for the time being. 28. And be it further ordained and enacted by the authority AH arrears of aforesaid, that if at any time it shall happen that the moneys '*'*«''«s* »» "^^ 588 MONTREAL TURNPIKE R0AD8. paid before then in the hands of the said trustees shall be insufficient io thi pHadpai ^'^^l^l® ^^^ trustees to make any payment required, or author- sum, and the ized to be made by this ordinance, all arrears of interest due Governor on any debentures issued under the authority of this ordinance, money to shall be paid by the said trustees, before any part of the trustees to principal sum then due upon and secured by any such deben- arrears" in *"^^ shall, be SO paid ; and if the deficiency be such that the case their funds then at the disposal of the trustees shall not be sufficient be'iusuffi-'' to pay such arrears of interest, it shall be lawful for the cieut. Governor for the time being, by warrant under his hand, to authorize the Receiver General to advance to the said trustees, out of any unappropriated moneys in his hands, such sum of money as may, with the funds then at the disposal of the trustees, be sufficient to pay such arrears of interest as afore- said ; and the amount so advanced shall be repaid by the said trustees to the Receiver General, out of the sum so to be com- muted, levied and collected as aforesaid, and being so repaid shall remain in the hands of the Receiver General at the disposal of the legislative authority of the Province. Application 24. And be it further ordained and enacted by the authority ofthe moneys aforesaid, that the due application of all public moneys whereof toD3 account- ,•1 t, • \l ■ i.i. • j i- i.u j- ed for. the expenditure or receipt is authorized by the preceding sec- tions, shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall be pleased to direct. * Persons wil- 25. And be it further ordained and enacted by the authority fully injuring aforesaid, that if any person or persons shall cut, break down,, fl,Il T trlll'D'Dnr.S v L J. ' gate, toll-bar, destroy or wilfully injure any turnpike-gate, toll-bar, toll-house, Sc., shall be embankment, drain or work, of any kind whatever, erected or mi3dem°ea- made under the authority of this ordinance, such person or per- nor, sons so effending shall be guilty of a misdemeanor, and being thereof lawfully convicted before any court of competent juris- Penalty on diction, may be punished by fine and imprisonment ; and if cfwy"pas'sing ^^^Y person shall forcibly pass or attempt to pass any such or attempting turnpike-gate or toll-bar without having first paid the legal toll su(A gate*^ thereat, such person or persons shall incur a penalty not exceed- &c. ' ing forty shillings currency for each ofience. * Penalty on 26. And be it further ordained and enacted by the authority stnicting any aforesaid, that no person shall leave any waggon, cart or other of the said carriage, nor shall lay or leave any matter or thing creatigg roads. ^r^-j obstruction of any kind in or upon any of the said roads, or the ditches or drains thereof, or those made by or by order of the said trustees, under a penalty not exceeding twenty shillings currency for each offence. * Se'. as to rendering of accounts : section 31 of this chapter ; 4. V., c. 7, 8. 18, and 9 v., c. 67, s. 6. * See as to penalties : 4. V., 0. 7, SB. 11 and 20. MONTREAL TURNPIKE ROADS. 589 ST. And be it further ordained and enacted by the authority Penalty on aforesaid, that if any person or persons shall, after proceeding ?emp°ttag*to upon any of the said roads (whether in the winter season or in evade paying any other season) with any carriages, animals or things liable toll- to toll, turn out of the same into any other road, so as to evade payment of toll, at any turnpike-gate or toll-bar, such person or persons shall, for each such offence, incur a penalty not exceeding ten shillings, and the said trustees shall and may Trustees may place turnpike-gates and toll-bars on and across the entrance ^|ke!»S" of any passage or way leading into or from any of the said across the roads, in order to prevent such evasion of toll. * entrance of ^ any way 28. And be it further ordained and enacted by the authority the said aforesaid, that if any person or persons, body politic or corpo- p^^^, rate, occupying or possessing any enclosed lands near any of per°sonf per- said roads shall, whether in the winter or at any other season, mitting knowingly permit or suffer any person- or persons to pass ?h?ough°their through such lands, or through any gate, passage or way lands so as to thereon, with any carriage, animal or thing liable to the pay- tJu'lnd^Iiso^ ment of toll on such road, for the purpose of avoiding, and so on those so as to avoid the payment thereof, such person or persons so permitted to offfending, and the person or persons so unlawfully permitted payments. to avoid such payment, shall each and severally incur a penalty not exceeding ten shillings, currency, for each offence. 29. And be it further ordained and enacted by the authority Penalties not aforesaid, that all penalties imposed by this ordinance, and not exceeding exceeding forty shillings for each offence, may be sued for and recovered ° recovered with costs, on the oath of one competent witness, and disposed beforeany two justices of the peace for the district of Montreal, who may, on conviction, commit the offender to the common gaol of the district, for a period not exceeding two weeks for each offence, or until such penalty and costs be paid ; and one moiety of all such penalties shall belong to the informer, and the other moiety to the said trustees ; provided always, that Proviso. any member, officer or servant of the corporation shall be a competent witness, if he be not the informer, or if he be such informer, and renounce all claim to any portion of the penalty, which shall in such case belong wholly to the said trustees for the purposes of this ordinance. SO. Provided always, and be it further ordained and enacted Persons com- by the authority aforesaid, that each and every person com- ™g't™be°^^'^' mitting any offence against the provisions of this ordinance liable to the shall, in addition to any penalty imposed by it for such offence, ^n dama^|Is be liable to the said trustees for all damages they may have sustained by sustained by reason of such offence. reason there- 31. And be it further ordained and enacted by the authority Trustees to aforesaid, that the said trustees shall lay detailed accounts of [^[if^'^^^.^" all moneys by them received and expended under the authority counts and of this ordinance, supported by proper vouchers, and also reports of * See as to toll-gates : 4 V., c. 7, s. 9. 590 MONTREAL TURNPIKE ROADS. their pro- detailed reports of all their doings and proceedings under thfr to pubfiah^'^ said authority, before such ofiBcer, at such time, and in such the same. manner and form, and shall publish the same in such way, at the expense of the said trustees, as the Governor shall be pleased to direct. * The word " Governor" defined. 32. And be it further ordained and enacted by the authority aforesaid, that the word " Governor " is to be understood as comprehending and meaning the Governor, the Lieutenant- Governor, or person administering the Government of the said Province. Thiaordinan- 33. And be it further ordained and enacted by the authority ce to be a aforesaid, that this ordinUnce shall be a public ordinance, and pu ic one, ^g such shall be taken notice of, held, and allowed in all courts and elsewhere, and by all judges, justices and persons what- soever, without being specially pleaded. And also a 34. And be it further ordained and enacted by the authority permanent aforesaid, that this ordinance shall be a permanent ordinance, and shall be in force until repealed or altered by competent authority. SCHEDULE A Certificate, No. Currency. Int. at per cent. 18 INTEREST On this Certificate To Jan. 18 July — Jan. 18 July — Jan. 18 July- Jan. 18 July — Jan. 18 Paid. Receipt No. ROAD LOAN. ,No. n Currency. J Montreal, 18 Certificate, No. ; "j We Certify, that under the authority of the Provincial Ordinance of Lower Canada, passed on the fifteenth day of June, 1840 (3rd Victoria, cap. 31), intituled : "An ordinance to provide for the improvement of the roads in the neighbourhood of , and leading to the city of Montreal, and to raise a fund for that purpose," there has been bor-- rowed and received from the sum of pounds currency, bearing interest from the date hereof at the rate of per cent, per annum, payable half yearly, on the day of and which sum is reimbursible to the said or bearer hereof, on or before the day of in the manner pro- vided for by the Provincial Ordinance aforesaid. Registered by Trustees. C. POULETT THOMPSON. • See as to rendering of accounts : section 24. of this chapter ; 4 V., c. V, s. 18,. and 9 V., c. 67, s. 6. MONTREAL TURNPIKE ROADS. 59L Ordained and enacted by the authority- aforesaid, and passed in Special Coun- cil, under the Great Seal of the Province, at the Government House, in the city of Montreal, the fifteenth day of June, in the third year of the reign of Our Sovereign Lady Victoria, by the Grace of God, of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord, one thousand eight hundred and forty. By His Excellency's Command, W. B. Lindsay, Clerk Special Council.. 4 VICTOEIA, CHAPTER 7. (Canada.) An ordinance to amend and extend the provisions of an ordinance passed in the third year of Her Majesty's reign, intituled: "An ordinance to provide for the improvement of the roads in the neighbourhood of, and leading to the city of Montreal, and to raise a fund for that pur- pose." WHEREAS it is expedient to amend a certain ordinance Preamble-, passed in the third year of Her Majesty's reign, and in- tituled : " An ordinance to provide for the improvement of the roads in the neighbourhood of, and leading to the city of Montreal, and to raise a fund for that purpose," and to extend the provisions thereof to certain other roads and for certain other purposes ; Be it therefore ordained and enacted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the Special Council for the affairs of this Province, constituted and assembled by vir- tue and under the authority of an act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled : "An act to make temporary provision for the Government of Lower Canada ;" and also by virtue and under the authority of a certain other act of the same Parliament, passed in the session held in the second and third years of the reign of Her present Majesty, intituled: "An act to amend an act of the last session of Parliament for making temporary provision for the Gov- ernment of Lower Ganacta ; " and also by virtue and under the authority of a certain other act of the same Parliament, passed in the session held in the third and fourth years of the 592 MONTREAL TURNPIKE ROADS. reign o£ Her present Majesty, intituled : " An act to re-unite the Provinces of Upper and Lower Canada, aTid for the Oovernment of Ganada ;" and it is hereby ordained and enacted Theprovi- by the authority of the same, and by virtue of the powers ^rTVVkt ^^ them vested by the said acts of ParHament, that in addition c. 31, and the to the roads to and over which the provisions of the aforesaid tnTr^ °^- *^^ ordinance, passed in the third year of Her Majesty's reign, and therein men- the powers of the trustees therein mentioned, are extended by tioned, with the seventh section of the said ordinance, the said provisions and certainroads powers shall be and are hereby extended to the roads herein- extended to after mentioned, as fully as if the said roads were expressly xoad^s "^ °^^^^ mentioned, and included in the said seventh section of the said ordinance, or as if the said powers and provisions in the said ordinance contained were embodied in this ordinance, and hereby re-enacted with reference to the said roads, that is to say : — Firstly, — To the C6te St. Antoine road, from the bound- ary of the said city of Montreal, towards the south-west to the point where the said road strikes the road running from the Upper Lachine Road, in a north-westerly direction, nearly at right angles to the road last aforesaid : — Secondly, — To the last mentioned road, from the point of its departure from the said Upper Lachine Road, in a north-westerly direction, to its junc- tion with the cross road running in a north-easterly direction to the C6te des Neiges Road, and the said cross road from the said point of junction until it strikes the said C6te des Neiges Road. * The trustees 2. And be it further ordained and enacted by the authority tut^ another aforesaid, that it shall be lawful for the trustees appointed or line of road to be appointed under the authority of the ordinance herein for the Upper jag^ above cited to make, open, keep up, widen, or alter, as the Lachine . j i? • x -j.!,- l. j j Road, or maj case may require, a road from any point withm one hundred retain the yards of the stone windmill at the eastern end of the village ■same. ^^ place Commonly called the Tanneries, on the Upper Lachine Road, to the main front road of the concession commonly called la 06te Saint Paul, and thence along the said front road to a point at or within one hundred yards of the land commonly called McNaughton's Farm, from which point the road may be carried across to a point on the Upper Lachine Road, at or within one hundred yards of the place on the said Upper La- chine Road commonly known as the " Petit village de Lachine;" or from the point hereinbefore mentioned, at or withiii one hundred yards of the land commonly called McNaughton's Farm, it shall and may be lawful for the said trustees, if they shall deem it more advantageous for the public, to continue the road in a south-westerly direction to a point on the Lower Lachine Road, ninthly mentioned in the said seventh section of the or- dinance aforesaid, at or near the bridge over the Lachine Canal, instead of carrying the road across to the Upper Lachine Road, as aforesaid ; or, should the said trustees on further examiria- • See as to control of trustees : 3 V., c. 31, s. T ; 9 V., c. 6f , s. 1 1 12 T., c. 120, . /and 27 v., c. 32, s. 3. MONTREAL TURNPIKE ROADS. 593 tion deem it more advantageous for the public to retain the Upper Lachine Road as provided by the aforesaid ordinance, passed in the third year of Her Majesty's reign, intituled : "An ordinance to provide for the improvement of the roads in the nfflghbourhood of, and leading to the city of Montreal, and to raise a fund for that purpose," it shall be lawful i^or them so to do, and in that case all the provisions of this ordinance touching the substitution of any other line of road for the said Upper Lachine Road, shall be void and of no effect. 3. And be it further ordained and enacted by the authority Certain pow- :aforesaid, that all the powers and authority vested in the said thorit'^veTted trustees by the said ordinance with regard to the several roads inYhe'trus- and portions of roads mentioned in the seventh section thereof, *«*^ ^''''tu and aU_ the provisions and enactments of the said ordinance, rofds ai?ho'rt concerning the said roads or any of them, or to the taking, i^ed to be purchasing or acquiring of any land, ground or materials by lii^ovdt^ the said trustees, for the purpose of making, altering, widening nance. or changing the place of the said roads or any of them, or to the erecting of toll-bars and turnpike-gates thereon, or to any •other matter respecting the said roads or any of them, touch- ing which no special provision is made in this ordinance, shall be and are hereby vested in the said trustees, with regard to the roads they are authorized to open by this ordinance, and that the powers and authority of the grand-voyer of the dis- trict of Montreal, or of any magistrates over or concerning the said roads or any of them, shall, from and after the date of the notification mentioned in the twelfth section of this ordinance, *^^ ^^'^^ 38 594 MONTREAL TURNPIKE ROADS. new Hue to firstly mentioned in the second section of this ordinance (either ■ ed for that '" ^-^^^ °^ without adopting the line secondly mentioned in the portion of the Said section), then, and not otherwise, the roads which the said HPP*''^*" trustees shall make under the authority of the second section of this ordinance, and so much of the said front road of Leu, C6te Saint Paul, as shall be adopted as part of the said roads, respectively, shall be and are hereby for all the purposes of the said ordinance substituted for that portion of the said Upper Lachine Road which is hereby excepted from the operation of the said ordinance ; and the rates and tolls established by the said ordinance for and in respect of the said Upper Lachine Road, shall be payable and exigible under the provisions of the said ordinance, for and in respect of the roads hereby sub- stituted for a portion of the said Upper Lachine Road, together with those portions of that road, which are not hereby ex- cepted from the operation of the said ordinance ; and the rates and tolls on the several other roads placed under the control' of the said trustees by the said ordinance or by this ordinance shall be proportioned according to the length of the said roads- respectively, as compared with the whole distance from the boundary of the city of Montreal, to the upper entrance of the Lachine Canal, measured along the roads hereby substituted for- the Upper Lachine Road. * Trustees may 6. And be it further ordained and enacted by the authority erect bridges aforesaid, that in Order to complete the communications from certam'com- the main road in the seventh section of the said ordinance aec- munioations, ondly mentioned, to the main road commonly known as " The- quire^sfands Quebec Road," on the north bank of the River St. Lawrence, in and other the parish of Repentigny, and to the road on the east bank of ^b^tments*^^ the River I'Assomption, and to the roads in the parish of La- &c., of such chenaye, on the west bank of the last mentioned river, and on bridges. t^g north-west bank of the River Ottawa, it shall and may be- lawful for the said trustees, and they are hereby authorized to- cause to be erected and built such and so many bridges as shall' be requisite and necessaiy for the purpose ; and to that end the said trustees are hereby authorized (in like manner as by the aforesaid ordinance they are authorized, to acquire and hold' immovable property for the purposes of the said ordinance) to acquire and hold any island or islands, situate and being at or near the confluence of the said rivers I'Assomption and Ottawa with the River St. Lawrence, and below the Isle J6sus, and also in like manner to acquire and hold such lands in the Island of Montreal, and in the parishes of Repentigny and Lachenaye respectively, as the said trustees shall deem requisite and ne- cessary for the abutments of such bridges, or for any other purposes of this ordinance, or to render the approaches to such' Proviso vi til bridges proper and convenient; provided always, that the- respect to the purchase or acquisition of the islands and lands or any or such'proper- either of them, hereby authorized to be purchased or acquired ty. by the said trustees, shall not be deemed to be complete, nor- * See as to trustees : 3 V., c. 31, sa. 1 and fol., and 4-5 Y., c. 35, a. 5. MONTREAL TURNPIKE ROADS. 695. shall any money be paid therefor until the same shall have received the sanction and approval of the Governor of this PFOvince, and that the property of all such land, islands or immovable property so acquired as aforesaid, shall be vested in Her Majesty, Her Heirs and Successors, for the public uses of the Province ; and provided also, that the plan or plans of the And to tn©- bridge or bridges to be erected and built as aforesaid, and the ^intracts^fom - contract or contracts to be made or entered into, for erecting the ereotiea. and building the same respectively, shall be subject to like ^?f^ previous approval and sanction of the Governor of this Prov- " ^^*' ince, before they shall be entered into or carried into execution by the said trustees, and before any work shall be commenced according to any such plan, or under the authority of this section. T. And be it further ordained and enacted by the authority A drawb'ria— aforesaid, that the said trustees shall, and they are hereby fdb'etween'^.*^ directed and required to cause a draw-bridge or opening of at Isle Bourdotk, least forty feet wide to be made over the main channel of the f^'^j*''!;^" river, in the bridge to be erected over the same between the treal. Isle Bourdon and the Island of Montreal, and to cause the said draw-bridge to be so constructed that it may be drawn up or otherwise opened for the passing of sloops, schooners, steam- boats, or other vessels with standing rigging or other contri- vances rising above the deck, navigating upon the said river ; and the said trustees shall, and they are hereby authorized to employ one or more proper person or persons, who shall, during the season of the navigation, cause the said draw-bridge to be drawn up or otherwise opened without delay, as often as he or they shall be required so to do by the owners or persons navig- ating or having charge of such vessels as aforesaid respectively, which shall have occasion to pass through the said bridge, so that such vessels may pass through the same, with their rigging or other contrivance as aforesaid standing without interruption, fee or reward, anything in this ordinance to the contrary not- withstanding. 8. And be it further ordained and enacted by the authority Truateesmajf-. aforesaid, that in all cases where the said trustees shall deem it dispose of. expedient to purchase and shall purchase and acquire any land ^^A islanda, or lands, island or islands for the purposes of their said trust, with the sane— and if it shall afterwards appear to the said trustees that the Qovernlrfj said land or lands, island or islands, or any parts or portions thereof respectively, may be disposed of advantageously for the said trust, it shall and may be lawful for the said trustees, with the approval and sanction of the Governor of this Prov- ince, to agree with any party or parties concerning the sale or disposal of the said land or lands, island or islands, or parts or portions thereof (either by public auction or by private sale or agreement, or by exchange or otherwise), or the letting and leasing of the same for any given portion of time, not exceeding twenty years at a time ; and it shall be lawful for the Governor of this Province to cause the requisite grant, deed, lease or other instrument to be executed in and on Her Majesty's name,;. 596 MONTREAL TURNPIKE ROADS. ftnd behalf, according to the terms so agreed upon by the said How the pro- trustees with such party or parties ; and the moneys arisLug ceeds are to from any sale or disposal, and from and under any lease of the e app le . ^^j^ j^^^ ^^ lands, island or islands, shall be received and ap- plied by the said trustees to the purposes of the said ordinance, and of this ordinance, and shall be accounted for by the said trustees accordingly. Trustees tt* 9. And be it further ordained and enacted by the authority cfiTe'trffs on a^resaid, that the bridge or bridges to be erected and built by said bridges, virtue of this ordinance, shall be held and considered as form- ing part of the roads placed under the control and manage- ment of the said trustees under and by virtue of the said ordi- nance, passed in the third year of Her Majesty's reign, and of this ordinance ; and the said trustees may and shall demand, levy, exact and receive, on each of the said bridges, at the toll- houses to be thereat established, from all and every person or persons who shall pass upon or use the said bridges or any of them, such tolls and rates as the said trustees shall from time Proviso. to time fix and establish ; provided always, that such tolls and rates shall not in any case exceed those hereinafter mentioned, that is to say : — For every coach or other four-wheeled carriage pr vehicle, or winter carriage or vehicle without wheels, drawn ^'by four horses, or other beasts, three shillings, currency ; — For the same drawn by two horses or other beasts, two shillings and six pence, currency ; — For the same drawn by one horse or other beast, two shillings, currency ; — For every two- wheeled carriage or vehicle drawn by two horses or other beasts, two ^hillings, currency ; — For the same drawn by one horse or other beast, one shiling and nine pence, currency ; — For every horse, mare, or mule, four pence, currency ; — For every ass, colt, bullock, bull, cow, or other. neat or homed cattle, twopence, currency ; — For every hog, goat, sheep, calf or lamb, one-penny, Currency ; — For every man, woman, boy or girl, one penny, cur- Trustees may rency ; and the said trustees may, and they are hereby author- t^u-baw'-aiiTi ^^^^ ^^^ empowered to construct toll-bars or turnpike-gates make ,regola- on the said bridge or bridges, or any of them, or on the tiofls for the' approaches to the same, and to make and establish the regu- the toUsf&c. lotions under which such tolls or rates shall be so levied or collected, and with the consent of the Governor of this Prov- ince, may from time to time, as they shall see fit, alter and change and modify the said rates and tolls and the said regu- lations, and may and shall prevent the passing through any such turnpike-gate or toll-bar of any person, animal, vehicle or thing from or on which any rate or toll shall be payable, until A table of the such rate or toll shall be paid ; and the said trustees shall affix affixedateaoh ^ ^ conspicuous place at each turnpike-gate or toll-bar whereat toll-bar. ?iny "such rate or toll shall be payable, a table of the tolls to be taken thereat, and the regulations under which the same are to be levied, plainly and legibly printed. * * See as to toll-gates : 3 V., c. 31, ss. 3, 25 and 27, See aa to tolls : 3 V., c. 31, ss. 8 and fol. ; 4^5 V., c. 35, ss. 1 and fol. ; 13 V., C. 1^0, ss. 3 and 4, and 21 Y., c. 32, ss. 1, 2 and 4. ne MONTREAL TURNPIKE ROADS. 597 10. Provided always, and be it further ordained and enacted No higher by the authority aforesaid, that nothing herein contained shap .exacted^han authorize the said trustees at any time to estabUsh, demand, herein au- levy, exact or receive any rates or tolls upon or in respect of ^horized. the said bridges or any of them, exceeding the rates and tolls hereinbefore authorized to be exacted and received ; and pro- Certain ex- vided also that all persons, officers, vehicles and things exempted, |™ptio°s by the ordinance hereinbefore cited, from tolls on the roads in the said ordinance mentioned, shall in like cases be exfempteA from tolls on the roads and bridges established and constructed ulider the authority of this ordinance. * 11. And be it further ordained and enacted by the authority Penalty on aforesaid, that no person or persons shall at any season of the 1"^^^ 5"^ year, for hire or for any valuable consideration, ferry or trans- "hirewiithin port by water-carriage, any other person or persons, or any ''?^^.^^^i quadruped or quadrupeds, vehicle or vehicles, or any package ° '*' . ' ^ or packages of goods, or any movable effects whatever, upon or across the several rivers hereinbefore mentioned, or any of tl^em, at any place or places within half a league of the bridges hereby authorized to be erected and built, or of any of them, under a penalty of five shillings, currency, for each person, quadruped, vehicle, package of goods, or movable effects, which shall be so ferried or transported ; such penalty, with the costs How to be re- of prosecution, to be recovered on the oath of one or more ''°^*'*"- credible witnesses, before any one of Her Majesty's justices of the peace for the district of Montreal, and to be levied of the goods and chattels of the defendant or defendants, by warrant under the hand of such justice or justices, or of one of them, if the same be not forthwith paid ; any law to the contrary notwithstanding ; provided always, that nothing in this section. Proviso. shall extend to prevent any person from carrying any other person or any goods for hire across the said river in winter vehicles and upon the ice. f 12. And be it further ordained and enacted by the authority When the aforesaid, that notwithstanding anything to the contrary in ye^e^iifthe the fourteenth section of the said ordinance, passed in the third magistrates, year of Her Majesty's reign, or in this ordinance contained, all ^l^^^^^ and every the powers, authorities, jurisdiction and control other road over or with regard to the several roads in the said ordi- "^"33^^^ *''* nance mentioned, or any or either of them, and to the several jn^ ^ 9^ over roads in this ordinance mentioned, or any or either of them, the said sev- heretofore and before the passing of the aforesaid ordi- IhalUeas^e. nance, passed in the third year of Her Majesty's reign, yestfed in any grand-voyer, magistrate, overseer of roads, roaa surveyor, or other road officer, by the act of the Parliament of this Province, passed in the thirty-sixth year of the rdgil of King George the Third, chajpter nine, intituled : " Ah act for making, repairing and altering the highways and ]3ridgeS * See as to exemptionB : 3 V., c. SJ, Bs. 9 and fol. ; 7 V., p. M ; *2 V., e. 25,^ i)«(| 33 v., c. 34. f See as to penalties : section 20 of this chapter, and 3 V., c. 31, Ss. 2B an*foK' -598 MONTREAL TURNPIKE ROADS. within this Province, and for other purposes," or by any other act, ordinance, or law of this Province whatever, shall be and continue to be in full force and virtue, until the said trus- tees shall, in writing, notify such grand-voyer, magistrates, overseer of roads, road surveyor or other, road oiEcers, that they, the said trustees, have assumed and taken upon themselves, or will on a certain day assume and take upon themselves, for the purposes of the trust in them vested, the control and management of the said roads, or of any or either of them, or of any specified sections or portions of the said roads or either of them. ff any party IS. And to prevent delay in the formation and perfecting of ^mijenaation ^^® roads in the aforesaid ordinance, passed in the third year for land be of Her Majesty's reign, and in this ordinance mentioned; be not satisfied jt further ordained and enacted by the authority aforesaid, that with the 8 Qm - , ,■,^ , , r , ■' ±- /} offered, the ^^ ^^^^ ^^Y party entitled to receive value or compensation tor amount to be land, required for the purposes of the said trust, shall not be ^praisers. '*' satisfied with, and shall refuse to receive, the sum or sums of money offered therefor by the said trustees, it shall be lawful for the said trustees to appoint an appraiser or expert, and require the party dissatisfied to appoint another appraiser or expert, and to notify the said trustees or their secretary, in writing, of such appointment ; and the two appraisers or experts so appointed shall estimate and report to the said trustees, the value or compensation to be paid to the said dissatisfied party ; and in case of disagreement between the said appraisers or experts, or in case the party dissatisfied shall refuse or neglect to appoint an appraiser or expert within twenty-four hours after written notice from the said trustees, or their secretary, shall have been left at the domicile or at the usual place of business of the said dissatisfied party, oi in case the appraiser or expert of the dissatisfied party shall refuse or neglect to act within three days after such appointment shall have been noti- fied to him, any one of the justices of any one of Her Majesty's courts of law, holding superior jurisdiction in the said district of Montreal shall, ex-ojficio, upon the summary petition of the trustees, and proof on the oath of one credible witness, of either of the refusals or neglects aforesaid, forthwith appoint an appraiser or expert to act on behalf of the said dissatisfied party ; and the appraisers or experts appointed as aforesaid shall estimate the value or compensation to be paid by the trustees, and shall report the same to them in writing ; and in case of disagreement between the appraisers or experts they, the said appraisers or experts, shall appoint an umpire, or if they cannot agree on the appointment of an umpire, one of the justices aforesaid shall, without loss of time, ex-ojfficio, on the summary petition of the said appraisers or experts, or of the trustees, appoint an umpire ; and the report of any two of the said appraisers or experts and umpires, shall have equal efiect, as if the same had been, or were made by the two appraisers or experts concurrently ; and upon the amount of such estimated and reported value or compensation, being MONTREAL TURNPIKE ROADS. 599 'duly tendered by the trustees to the dissatisfied party, either When the personally or at his domicile, or at his usual place of business, enteHnto^^ it shall be lawful for the said trustees, whether such tender be and use the refused or accepted, immediately to enter into and upon the ^^'"^ ^^'"^• land required for the purposes of the said trust, the value or compensation whereof shall have been tendered as aforesaid, without awaiting the empanelling, swearing in and decision •of a jury, as is required by the fifth section of the ordinance . aforesaid, anything in the said ordinance, or in any other ordi- nance or in any other law of this Province, to the contrary notwithstanding. Provided always, that nothing herein con- tained shall be construed to prevent any proprietor of land Neither party required for the purposes of the said trust, the value or com- ^rom^Kquir- pensation wliereof shall have been estimated and tendered as ing the deci- . aforesaid, or to prevent the trustees, if they, the said trustees, al^to'thV"'^^ shall be dissatisfied with the estimated and reported value, amount of from requiring the empanelling, swearing in, and decision of compeusa- -a jury, for the purposes, and in the manner specified in the said ^°'^' fifth section of the said ordinance, saving always the right of the said trustees to enter into and use the land from and after the time of such tender as aforesaid. 14. And as in certain cases it may be doubtful to whom the In case of a compensation ascertained by the award of a jury empanelled th^ amovmt'^' for that purpose, or in any other lawful manner, to be payable to be paid to by the said trustees for any land or real property taken, or the pro then o- damage done to any party in the exercise of the powers vested treal%nd°the in them by the ordinance aforesaid, and by this ordinance, shall trustees to ibe paid ; be it therefore further ordained and enacted by the If^aofl^^' -authority aforesaid, that it shall be lawful for the said trustees, land, in all such cases of doubtful title, to cause the amount of such •compensation to be lodged in the hands of the prothonotary of the court having superior original civil jurisdiction in the -district of Montreal or in the territorial division in which the >city of Montreal shall be situate, to await the distribution of the said court to the party or among the parties lawfully entit- led to such compensation or to any part thereof, and thereupon immediately to enter upon and take possession of the premises ifor which such compensation shall have been so awarded. -15. And be it further ordained and enacted by the authority The trustee raforesaid, that it shall and may be lawful for the -said trustees ™%,F®® (to agree with the corporation of the city of Montreal (and porationof the said corporation are hereby authorized to make and enter t^e f*^,"^ into such agreement), that they, the said trustees, under the complete such powers vested in them by the aforesaid ordinance, passed in the parts of the jthird year of Her Majesty's reign (which powers for this pur- as'ue witMn^ -.pose are hereby extended accordingly), and by this ordinance, the limits of ■shall make, repair and complete such parts and portions of the ^^^^ '^^^7- •continuations of the several roads in the said ordinance and in this ordinance respectively mentioned, as shall be found to lie within the limits of the said city of Montreal; * provided the said cor- Proviso. » See 37 V., c. 51, B. 238, at page 618. 600 MONTREAL TURNPIKE ROADS. poration of the said city do bind themselves to repay the- expense thereof, so soon as the same shall have been completed, together with the interest incurred by the trustees on the amount of moneys so expended; and the repayment of the- amount expended, and the payment of the interest thereon as aforesaid, shall be made by the said corporation to the said trus- tees, and the moneys so paid shall make part of the funds in the hands of the said trustees for the purposes of the said ordi- nance and of this ordinance, and shall be applied and accounted for by the said trustees accordingly. The trustees 16. And be it further ordained and enacted by the authority ™if ooo^br aforesaid, that in addition to the loan of thirty-five thousand loan, and pounds currency, by the sixteenth section of the said ordinance issue debea- passed in the third year of Her Majesty's reign, authorized to- same bearing ^ raised for the purposes of the said ordinance, it shall be interest. lawful for the said trustees, and they are hereby authorized to raise, by way of loan, on the security of the tolls by the said ordinance, and by this ordinance authorized to be imposed, and of other moneys which may come into possession, and be at- the disposal of the said trustees, under and by virtue of the said ordinance, and of this ordinance, and not to be paid out of or chargeable against the general revenue of this Province, any- further sum of money not exceeding twelve thousand pounds,, currency, for the purposes in the said ordinance and this ordi- nance authorized and specified ; and the debentures for such further loan, and also for so much of the loan authorized by the ordinance aforesaid, as hath not yet been raised, shall re- spectively bear interest at the rate to be therein mentioned, which interest may, at the discretion of the trustees, but with the express approval and sanction of the Governor, Lieutenant- Governor, or person administering the Government of this Prov- ince, and not otherwise, exceed the rate of six per centum per annum, any law to the contrary notwithstanding ; and such interest shall be paid out of the tolls upon the roads, or out of any other moneys at the disposal of the said trustees, for the purposes of the said ordinance and of this ordinance ; provided The Governor always, that if the said tolls and other money shall not at any may advance tj^ne jjg sufficient to pay the amount then due for such interest, the°interestt^ it shall and may be lawful for the Governor of this Province,, in case the for the time being, by warrant under his hand, to authorize the trustee" shall ^^^ requisite to enable the said trustees to meet such deficiency be insnffi- to be advanced and paid by the Receiver General of this Prov- cieat. ince, from and out of any unappropriated public moneys in his hands ; such advances and payments to be thereafter ac- counted for, and repaid to the Government of this Province by the said trustees and their successors, in the manner prescribed in and by the twenty-third section of the said ordinance passed, in the third year of Her Majesty's reign. * * See as to loans ; 3 V., c. 31, g. 16 ; 9 V., c. 6T, ss. < Wi.d. toL ,,and U V. , c. 120^ 88. 5 and 6. MONTREAL TURNPIKE ROADS. 601 17. And be it further ordained and enacted, that over and The trustees above the sums which the said trustees are authorized by the Jte^guJ^ft^T preceding section of this ordinance and by the ordinance hereby pay off the amended to raise by way of loan, it shall be lawful for the said P^'^^jPnlbf. ttustees, at any time and as often as occasion may require, to coming due* raise in like manner such further sum or sums, as may be ne- »t a certain cessary to enable the trustees to pay off the principal of any th"*s"me^'^ loan which they may have bound themselves to repay at any prorisjons as certain time, and which the funds in their hands, or which will lofj^"'^^'"'"* probably be in their hands at such time, and applicable to such repayment, shall appear insufficient to enable them to repay ; provided always, that any sum or sums raised under the au- thority of this section, shall be applied solely to the purpose herein mentionedj that no such sum shall be borrowed without the approval of the Governor, Lieutenant-Governor, or person administering the Government of this Province, and that the whole sum due by the said trustees, under debentures then unredeemed and issued under the authority of this ordinance and of the ordinance hereby amended, shall in no case exceed fifty -seven thousand pounds currency, and all the provisions of this ordinance and of the ordinance hereby amended, touching the terms on which any sum shall be borrowed under the au- thority thereof by the trustees, the rate of interest payable thereon, the payment of such interest, the advance by the Receiver General of the sums necessary to enable the trustees to pay such interest, and the repayment of the sums so advanc- ed, shall be extended to any sum or sums borrowed under the authority of this section. * 18. And be it further ordained and enacted by the authority AppUcatfonp aforesaid, that the due application of all public moneys, whereof money3"tobft the expenditure or receipt is authorized by this ordinance, shall accounted be accounted for to Her Majesty, Her Heirs and Successors, '^'"■• through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors, shall be pleased to direct, f 19. And be it further ordained and enacted by the authority T^ie provi- aforesaid, that all and every the provisions contained in the ord"3Vict.tc. aforesaid ordinance passed in the third year of Her Majesty's 3i, relating to reign, touching and relating, or affecting the debentures thereby ^ be°ai)pliei authorized to be issued, shall apply to, and be in force, in regard to this or- to the debentures authorized to be issued under this ordinance, "iinance. 20. And be it further ordained and enacted by the authority P«l[s°,°s wil- aforesaid, that if any person or persons shall cut, break down, anyVriclg","^ destroy or wilfully injure any road or roads, bridge or bridges, &C., to be erected under the authority of this ordinance, or any material SPilty oi a • See as to loans: 3 V., c. 31, s. 16 ; 9 V., c. GT, ss. 4and fol.,and 12 V., c. 120;. ' BS. 5 and 6. t :^as to rendering of accounts : 3:V., c. 31, es. 18, 24-aiid31, and 9 V.,c. ffl^ 8.6. ^02 MONTREAL TURNPIKE ROADS. misdemea- nor, may be £aed and im- prisoned, and ^hall beliable to damagea. The provi- sions, penal- ties, &c., pro- vided by ord. 3 Vict., c. 31, extended to tliis ordin- Thia ordin- ance to be a .public one : And made jpermanent. , or materials, or work or works of any kind or description whatever connected therewith, or formed for the protection thereof, the person or persons so offending shall be guilty of a misdemeanor, and being thereof convicted before any court of competent jurisdiction, may be punished by fine and impri- sonment, and shall moreover be liable to the said trustees for all damages they may have sustained by reason of such offence, any law to the contrary notwithstanding ; and generally, that all the provisions, enactments, penalties,' and other matters and things made and provided in and by the said ordinance passed in the third year of Her Majesty's reign, for the enforcement of any of the powers thereby conferred on the said trustees or on any person or officer for the better preservation of the roads thereby placed under the control of the said trustees, or the collection of the tolls therein imposed, or for the commutation of any such tolls, and not hereby expressly altered or repealed, shall be and are hereby extended, and shall apply to like cases, matters and things, touching the roads and works placed under the control of the said trustees by this ordinance, the tolls hereby imposed, or the powers hereby conferred. * 21. And be it further ordained and enacted by the authority aforesaid, that this ordinance shall be a public ordinance, and as such shall be taken notice of, held and allowed in all courts and elsewhere, and by all judges, justices, and persons what- soever, without being specially pleaded. 22. And be it further ordained and enacted by the authority aforesaid, that this ordinance shall be a permanent ordinance, .and shall be in force until repealed or altered by competent ^authority. SYDENHAM. Ordained and enacted by the authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Government House, in the city of Montreal, the thirty- fii'st day of December, in the fourth year of the reign of Our Sovereign Lady Victoria, by the Grace of God, of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord, one thousand eight hundred and forty. By His Excellency's Command, W. B. Lindsay, Clerk Special Council. • See as to penalties ; the note at section 11 of this chapter. MONTREAL TURNPIKE ROADS. 603 4-5 VICTORIA, CHAPTER 35. (Canada.) An act to amend the ordinances of the Legislature of the late Province of Lower Canada, providing for the improvement of the roads in the neigh- bourhood of the city of Montreal. [Assented to 18th September, 1841.] WHEREAS it is expedient to amend the ordinances of the Preamble. Legislature of the late Province of Lower Canada, pro- viding for the improvement of the roads in the neighbourhood of the city of Montreal ; 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 Ooveo-nment of Canada," and it is hereby enacted Repeals the by the authority of the same, that from and after the passing ^[^^ gectioua of this act, the eighth, tenth and eleventh sections of the ordi- of the or- nance of the Legislature of the said late Province' of Lower ^ "^"''^n'^ua- Canada, passed in the third year of Her Majesty's reign, and da, 3 Vic., oh. intituled: "An ordinance for the improvement of the roads im, 3i. the neighhowrhood of, and leadimg to the city of Montreal, and to raise a fund for that purpose," shall be, and the same are hereby repealed. 2. And be it further enacted, that the nine several roads in The roads the seventh section of the said ordinance, and the two several Sie"said m-'" roads in the first section of the ordinance of the Legislature of dinance and the said late Province of Lower Canada, passed in the fourth ^°^^^j.° ^f year of Her Majesty's reign, and intituled : " An ordinance to fourth Vic, amend and extend the provisions of an ordinance passed in '^^^f^^ '» the third year of Her Majesty's reign, intituled: 'An ordinance liievsA&°on» to provide for the improvement of the roads in the neighbourhood continuous of, and leading to the city of Montreal, and to raise a fund ^°^^ ' fo^ that purpose,' " shall, in regard to the tolls to be levied and But the trus- collected thereon, be held and considered as forming one con- ei^reTuy one tinuous road, anything in the said two ordinances, or either of of them or them, to the contrary notwithstanding; provided always, that ^^J^P^^t o^ for the purpose of more easily levying and collecting the tolls tinuous roa4 hereinafter established, it shall and may be lawful for the trus- *° ^^^^/^.^^J^ . tees appointed under the ordinance first mentioned, at any 5*nd may re- time, with the consent of the Governor of this Province, to voke such de- declare by public advertisement, any particular part or parts claratioa, of the said continuous road, to be a distinct and separate road, or distinct and separate roads ; and afterwards, with the like 604 MpNTBiRAL TURNPIKE ROADS. consent, and by like public advertisement, to repeal or alter any* such declaration. * • The rates of 3. And be it enacted, that in lieu of the rates o£ toll author- *n'sch''dT' ^^^^ ^ ^® levied under the sections of the ordinance first to this act, above mentioned, which are repealed by the first section of this shall be the act, at the several turnpike-gates or toll-bars erected or to be to be^takeu^^ erected on the said continuous roaid, at the several entrances by the trus- leading into or out of the said city of Montreal, the said trustees distance not may demand, levy, exact and receive, from all and every person exceeding the and persons passing upon or using any part of the said road, for kngth of the ^ny distance not exceeding the length of the Upper Lachine ne Boad. ' Road, from the limits or boundary of the said city of Montreal^ to the other extremity of the said road, and so in proportion for any greater length or distance upon the said continuoii& road, or upon such part or parts thereof as may be declared, with the consent aforesaid, to be a distinct and separate road^ or distinct and separate roads, the several rates of toll set forth in the shedules A and B, annexed to this act, which rates shall be the highest rates of toll to be taken by the said trustees.* Trustees may 4. And be it enacted, that the said trustees may, and they make reguia- ^re hereby authorized and empowered to make and establish gard to the ' regulations under which the tolls hereby established shall be tolls to be levied and collected on the said road or any part thereof, and, said'road*or with the consent of the Governor of this Province, may from time any part to time alter, change and modify the said tolls, and the said m^^miSy it-egulations ; and the said trustees may and shall prevent the the same passing thi'ough any turnpike-gate or toll-bar, of any person, from time to vehicle, animal or anything liable to the payment of toll, until ''°^' such toll shall be paid ; provided always, that the said trustees shall affix in a conspicuous place at each tumpike^gate or toll- At each gate bar whereat any toll is payable, a table whereon shall be legibly * ^h ^ of *°ils printed the name of the gate or bar at which the same shall be theteat shall affixed, a list of the tolls to be taken thereat, and the regulations be posted up. under which the same are to be levied; and that nothing herein contained shall authorize the said trustees at any time The tolls in to establish, demand, levy, exact or receive any tolls exceeding t^« schedules the rates hereby established, as shewn in schedule previously exeeede°d. referred to ; provided always, that it shall be lawful for thfei Trustees may said trustees to lower the tolls on any part of the said roaA, or raters on one ^^^ regard to any class of persons, animals or vehicles, and to part of the augment the same (so as not to exceed the rates shown in the alterin'*thos*e ^^^^ shedule), without their being bound at the same time to oh bthfr ^^ lower or augment the tolls on the other part or parts of the parts. said road, or with regard to other classes of persons, animals or vehicles. * Nayes by 5. And be it enacted, that for all and every the purposes of wiichthe the two several ordinances before mentioned, and of this act* • i^e agto tolls and toll-gates :3V., c. 31, ss. 3, 8 and fol., 25 and 27 ; 4 V., c. 7, B.'9 andfol. ; l2 V.,«. 120, ss. 3 and 4, and 27 V., c.'32, ss. 2 and 4. MONTREAL TURNPIKli EOADS. 605 the said trustees shall be designated and known by the name truBtees shall of " The Trustees of the Montreal Turnpike Roads," and by thfit th^'^^ur "laea name shall and may have pontinuous succession, and sue and be of the said sued, answer and be answered unto, in all courts of justice and ordinances other places ; and service of any summons at their office, or get. usual place of business, in the city of Montreal, in any action against them, or to which they may be a party, shall be suffi- cient to compel them to appear and answer accordingly. * 6. And be it further enacted, that this act shall be taken Public act. and held to be a public act, and shall be judicially taken notice of by all judges, justices and others, without being specially pleaded. SCHEDULE A. Of the highest tolls to be levied and paid at the several turn- pike-gates or toll-bars, on the road or roads leading into or out of the city of Montreal, for passing and repassing within the hours of 12 P. M. of one day, and 12 P. M. of the next succeeding day, with the same horse or horses, or beast or ■ beasts of draught, and the same carriage or vehicle. Breadth of tire of wheels. 2. 3. 1. For every coach or other four-wheeled close cover- ed private carriage or half covered and open, drawn by two horses or other beasts Every additional horse or beast For every four-wheeled private carriage not cover- ed, drawn by two horses or beasts Every additional horse For every gig, calash, dennet, spring-cart or other private two-wheeled carriage, drawn by one horse or beast Every additional horse •■■.•. 4. For every waggon, wain, cart or other carriage for loads, and not carrying goods for hire, with four wheels, and drawn by two horses or beasts Every additional horse ■■ 5. For every such cart or other two-wheeled carriage for loaids, and not for hire, drawn by one horse or beast •, 6. For every sleigh, wain, drag, berlin or other winter vehicle, drawn by one or two horses or beasts. Every additional horse •- 1. For every horse, mare, gelding or mule with rider 8. For every horse, tnari', gelding, ass, mule, ox, cow, and head of other neat cattle not drawing...... 9. For every score of sheep, lambs, hogs or swine. Under and not exceeding half a score d. Under ■ I* inches. 2^ and under 3. s. d. 1 6 1 It 9 1 9 inch and above. s. d. 1 It 8 n 6 a 8 (1 6 s. d. 6 3 • See as to trustees : 3 V., c. 31, ss. 1 and fol. 606 MONTREAL TURNPIKE ROADS. SCHEDULE B. Of the highest tolls to be levied and paid at the several turn- pike-gates or toll-bars on the road or roads leading into or out of the city of Montreal, for every time of passing if loaded ; passing empty, half rate ; repassing empty or going to return loaded, free. 1. For every-stage coach, diligence, van, caravan, Btage-waggon, or other stage carriage for the conveyance of passengers, with four wheels, and drawn by one or two horses or beasts of draught Every additional horse 2. For every gig, calash, dennet, spring-cart or other carriage for passengers, with two wheels, and drawn by one horse or other beast of draught Every additional horse 3. For every waggon, train, cart, or other carriage for passengers or goods, and carrying for hire, or conveying stones, with four wheels, and drawn by two horses or other beasts of draught. 4. For every cart or other carriage for do. do. con- veying stones, with two wheels, and drawn by one or two horses or other beasts of draught... Breadth of tire of wheels. Under • I* inches. 8. d. 2 3 9 9 6 s. d. 1 6 6 6 4 S inch and above. s. d. 4 2 Preamble. Note. — The folloiving chapter, which is of public imterest as affecting all turnpike roads, is consolidated in chapter 86 ofiiie Consolidated Statutes of Canada, which is itself reproduced in- a/rticles 2970, p71 and 3503 of the Revised Statutes of Quebec, and is reprinted here as a reference. 7 VICTORIA, CHAPTER 14. (Canada.) An act to exempt vehicles conveying manure from tlie cities and towns of this Province from the payment, of tolls on turnpike roads, and for the purposes therein mentioned.* [Assented to 9th Becemher, 1843.] WHEREAS, as well for the encouragement of agriculture as for promoting the cleanliness and health of the several * See as to exemptions : 3 V., o. 31, SB. 9 and fol. : 4 V., c. T, s. 10 25, and 33 V., c. 34. 12 v., c- MONTREAL TURNPIKE ROADS. 60T cities and towns in this Province by the removal o£ the filth and rubbish thereof, it is expedient that vehicles carrying manure from the said cities and towns to' the farms in the vicinity thereof be free from toll at turnpike-gates; 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, consti- tuted 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, 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 authority of the same, that each and every vehicle laden solely with manure Vehicles brought from any city in Lower Canada, or any city or incor- ^^f^° ^°'^'y porated town in Upper Canada, and employed to carry the broughrfrom same into the country parts for the purposes of agriculture, the cities an*. and the horse or horses, or other beast or beasts of draught, Provfnce to'^' drawing such vehicle, shall, from and after the passing of this be exempt '^ act, pass toll free through any turnpike-gate or toll-gate on \'^°^ ^f^^}' "' ^ any turnpike road within twenty miles of such city or town, within twen-; as well in going from such city or town as in returning there- '^ miles of ? to, if then empty, — whether such turnpike road and the tolls towns'^' thereon belong to the Province or to any local or municipal authority, or body of trustees or commissioners for local pur- poses, or to any incorporated or unincorporated company, or to any other body, person or persons whatsoever, and any statute, ordinance or law to the contrary notwithstanding. 2. And be it enacted, that all persons going to or returning No tolls to be from Divine Service on any Sunday or obligatory holiday, in or collected on upon and with their own carriages, horses or other beasts of persons going draught, shall, as shall also their families and servants, being ^° church. in or upon and with such carriages, horses or other beasts of draught, pass toll free through any turnpike or toll-gate on any turnpike road in this Province ; anything in any act, ordinance or law to the contrary notwithstanding. 3. And be it enacted that no vehicle, laden or unladen. No tolls to be horses or cattle belonging to the proprietor or occupier of any e^arged for lands divided by such turnpike road as aforesaid, shall be turn pike from- liable to toll on passing through any toll-gate on such road (at o°e part of a whatever distance the same may be from any city or town) for [and°to\n-' | the sole purpose of going from one part of the lands of such other within proprietor or occupier to another part of the same ; provided ^^^^ * ™'^^' such vehicle, horses or cattle do not proceed more than half a mile along such turnpike road, either in going or in returning, for farming or domestic purposes only. 4. Provided always, and be it enacted, that nothing in the And not to foregoing enactments of this act shall extend or be construed extend to any- to extend to any toll-bridge, the tolls on which are vested in bridge! any party other than the Crowi|. '608 MONTREAL TTJENPIKE BOADS. 9 VICTORIA, CHAPTER 67. (Canada.) An act to amend and extend the laws relative to the turnpike roads in the neighbourhood of Montreal. [9th June, 1846.] Preamble. "V^HEREAS it is expedient to amend a certain ordinance of ' ' the Legislature of Lower Canada, passed in the session held in the third and fourth years of Her Majesty's reign, and •Ordinance of intituled : " An ordinance to provide for the vmprovement of L. 0. 3 and 4 ijig roods in the neighbourhood of, and leading to the city of cited! ' Montreal, and to raise a fund for that purpose; Be it there- fore 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 Qovern- Provisions of nient of Canada ;" and it is hereby enacted by the authority of 7th section of the same, that in addition to the roads to and over which the nanceex""^ '" provisions of the aforesaid ordinance and the powers of the tended to trustees therein mentioned, are extended by the seventh roads" °*^" Section thereof, the said provisions and powers shall be and are hereby extended to the roads hereinafter mentioned as fully as if the said roads were expressly mentioned and included in the said seventh section of the said ordinance, or as if the said powers and provisions in the said ordinance contained were embodied in this act and hereby re-enacted with reference to the said roads, that is to say : The roads. First. — A road from the western extremity of the Lower Lachine Road to the macadamized road eastward of the church of the parish of St. Michel de Lachine, along the south shore of the Island of Montreal. Secondly. — A road from the west extremity of the Upper Lachine Road to the lock of Ste. Anne, along the south shore of the Island of Montreal. Thirdly. — A road from the Ahord-a-Plouffe Road to the vil- lage of Ste. Genevihve, along the north shore of the Island of Montreal. Fourthly. — The road in the parish of St. Laurent, connecting the turnpike roads leading from the city of Montreal to the Abord-d-Plouffe and the Sault-au-R4collet* * See aa to control of trustees : 3 V., c. 31, s. 7 ; 4 V., c. 7, ss. 1 and fol. ; 12 V., c. 120, s. 1, and 27 V., c. 32, s. 3. MONTREAL TURNPIKE ROADS. 609 2. And be it enacted, that the said road, that is to say, the The said roads road from the west extremity of the Lower Lachine Road ^^i,^^^^*^^*" to its junction with the macadamized road eastward of the tinuous road' church of the parish of St. Michel de Lachvm, the road from '"'ith those west extremity of the Upper Lachine Road to the lock at St. Xh^f^m^v"^ Anne, the road from Abord-d-Plouffe to the village of the ordinances. parish of Ste. Genevieve, and the road in the parish of St. Lau- rent, connecting the turnpike roads leading from the city of Montreal to the Abord-d-Ploufe and the Sawlt-au-R^collet, shall, with regard to the tolls to be levied and collected thereon, be held and considered as forming one continuous road with the nine several roads mentioned in the seventh section of the said ordinance, and with the two several roads mentioned in ihe first section of another ordinance of the Legislature of Lower Canada, passed in the fourth year of Her Majesty's reign, and intituled : " An ordinance to amend and extend the Ordinance ^ovisions of an ordinance passed in the thvrd year of Her L-'p.4 Vict., Majesty's reign, intituled : ' An ordinance to provide for the ' ' vmprovement of the roads in the neighbourhood of, and leading to the city of Montreal, and to raise a fund for that purpose ;' " anything in the said two ordinances or either of them to the -contraj-y notwithstanding. S. And be it enacted, that the trustees of the Montreal turn- Powers of the pike roads shall and may demand, levy, exact and receive from trustees with all and every person or persons passing upon or usmg any part gaid new of the roads to be made under the authority of this act, the roads. same rates of toll, to be calculated in the same manner and by the same proportion as are set forth and contained in an act of the Legislature of this Province, passed in the session held in the fourth and fifth years of Her Majesty's reign, intituled : ■" An act to amend the ordinances of the Legislature of the late Act 4-5 Province of Lower Canada, providing for the improvement of vict., c. 35, the roads in the neighbourhood of the city of Montreal," and '''*®'^- furthermore such rates of toll, in addition to the above rates, as will suffice to cover the annual interest of the capital expend- ed, the collection of tolls, requisite repairs, and expenses of management ; and shall also in all respects have the same powers for making regulations concerning the said roads and the tolls to be levied thereon, as they now have and possess under the ! -ordinances and act aforesaid, with regard to the other roads under their control, and the tolls to be levied thereon. 4. And be it enacted, that in addition to the loan of thirty- Trustees em- five thousand pounds, currency, mentioned in the sixteenth sec. S^afur" tion of the said ordinance, passed in the session held in the ther sum of third and fourth years of Her Majesty's reign, and to the fur- p7,ooo by ther loan of twelve thousand pounds, currency, nientioned in g°g^i°oft^e the sixteenth section of the said ordinance, passed in the fourth tolls. year of Her Majesty's reign, and authorized to be raised for the purposes of the said ordinance, the said trustees may raise by way of loan on the security of the tolls by the said ordinance and act authorized to be imposed, and of other 610 MONTREAL TURNPIKE ROADS. moneys which may come into their possession, and be at their disposal, under and by virtue of the said ordinances and aet^ and of this act, and not to be paid out of or chargeable against the general revenue of this Province, any further sum of money not exceeding twenty -seven thousand pounds, currency, for the purposes in the said ordinances and in this act authorized and specified ; and the debentures for such further loan, and also for so much of the loan authorized by the ordinances aforesaid as hath not yet been raised, shall respectively bear interest at Rate of in- the rate to be therein mentioned, which interest shall not exceed terest limited, the rate of six per centum per annum, and such interest shall be paid out of the tolls upon the roads or out of any other- money at the disposal of the said trustees for the purposes of the said ordinances and of this act.* Trustees may 5. And be it enacted, that over and above the sums which to Tjay'off"''^^ the said trustees are authorized by the next preceding section debentures, of this act and by the two ordinances hereinbefore mentioned, to raise by way of loan, it shall be lawful for the said trustees',, at any time, and as often as occasion may require, to raise in like manner such further sum or sums as may be necessary to- enable the said trustees to pay off the principal of any loan which they may have bound themselves to repay at any certain, time, and which the funds in their hands or which will proba- bly be in their hands at such time, and applicable to such pay- ment, shall appear insufficient to enable them to repay; pro- Totai amount vided always, that any sum or sums raised under the authority at MT'^^tfme'' °^ ^^^^ section shall be applied solely to the purpose herein limited. mentioned, that no such sum shall be borrowed without the- approval of the Governor or person administering the Govern- ment of this Province, and that the whole sum due by the said trustees, under debentures then unredeemed and issued under- the authority of the said ordinances and of this act, shall in no case exceed seventy-two thousand pounds, currency ; and all Provisions provisions of this act and of the said ordinances, touching the- extended to terms on which any sum shall be borrowed under the authority sue , oana. thereof by the trustees, the rate of interest payable thereon,, the payment of such interest (except as to the payment of such interest, by the Receiver General, or out of any provincial funds), shall be extended to any sum or sums borrowed under- the authority of this section. Accounting G. And be it enacted, that the due application of all publia- clause. moneys whereof the expenditure or receipt is authorized by the preceding section, shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors, shall be pleased to direct, f • See as to loans : 3 V., c. 31, s. 16 ; 4 V., c. 1, ss. 16 and 17, and 12 V., c. 120, SB. 6 and 6. f See as to rendering of accounts : 3 V., c. 31, ss. 24. and 31, and 4 V., c. t, 8.18^ Note. — The following chapter, which is of public interest as affecting all turnpike roads, ^(;as repealed hy 16 V., c. 190, and consequently was not consolidated in the Consolidated Statutes, but is printed here as a reference. 12 VICTORIA, CHAPTER 25. (Canada). An act to exempt naval and military officers and others on duty in Her Majesty's service from the payment of toll upon any turnpike road in this Province. [30th May, 1849.] WHEREAS it is expedient to provide that all persons in Preamble, the naval or military service of Her Majesty, on actual duty, should be exempt from toll on. all turnpike roads in this Province, vchen passing any turnpike-gate with their horses and carriages ; 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 Kingdon of Great 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 All naval or by the authority of the same, that all persons in the naval or ™ ^g**^^ °^ military service of Her Majesty, on actual duty, travelling on duty witii any road constructed or to be constructed under the authority t''**'^ borses of an act passed during the present session of this present Par- exemp^^^om *■ Kament, intituled : " An act to authorize the formation of joint toll on tum.- stock companies, for the construction of roads and other P' ® ™*'^'' works in Upper Canada, " or under the authority of any other axjt of the Parliament of this Province, in discharge of such duty, with their horses and carriages, and all horses, carts, car- riages, or waggons in charge of any such persons, conveying any naval or inihtary stores belonging to Her Majesty, in the course of transport from one place to another for Her Majesty's service, shall pass the gates set up across all such roads free of toll ; anything in the said act or any other act or law in force in this Province to the contrary notwithstanding.* • See as to exemptions : 3 V., c. 31, S3. 9 and fol. ; 4 V., c.1,s. 10 ; 7 V., c. 14, and 33 V., c. 34. 612 MONTREAL TURNPIKE ROADS. 12 VICTORIA, CHAPTER 120. (Canada.) An act to authorize the trustees of the Montreal turnpike roads to purchase the St. Michel Eoad, and to open a road to the village of Sault- au-R6collet. . [30th May, 1849.] Preamble.] Ord. 4 Vict, chap. 22. 3-4 Vict., chap. 31. 4 Vict., c. 1. 4-5 Vict., chap. 35. The said laws, and the pow- ers of the trus- tees of the Montreal turnpike roadj extend- ed to certain new roads. WHEREAS the St. Michel Road Company have petitioned the Legislature, praying that their road, authorized to be made by an ordinance o£ the Special Council, passed in the fourth year of Her Majesty's reign, intituled : " An ordinanee to provide for the vmprovement of a certain part ' of the road from the city of Montreal to the CSte St. Michel, in the pa/rish of 8ault-au-Recollef,"Taa.y be purchased by the trus- tee? of the Montreal turnpike roads, and placed under their control and management ; and whereas divers petitions have been presented to the Legislature, praying that a turnpike road may be made as far as the church of the parish of Sault-au- R^collet, and it is deemed expedient to give effect to the said petitions by amending the ordinances of the Legislature of the late Province of Lower Canada, and the acts of the Legislature of the Province of Canada, providing for the improvement of the roads in the neighbourhood of the city of Montreal ; Be it therefore enacted, &c. And it is hereby enacted by the authority of the same, that in addition to the roads to and over which the provisions of an ordinance passed in the third year of Her Majesty's reign, in- tituled : " An ordinance to provide for the improvement of the roads in the neighbourhood of, and leading to the city of Montreal, and to raise a fund for that purpose" and of an- other ordinance passed in the fourth year of Her Majesty's reign, and intituled : " An ordinance to amend and extend the provisions of an ordinance passed in the third year of Her Majesty's reign, intituled : ' An ordinance to provide for the improvement of the roads in the neighbourhood of, and leading to the city of Montreal, and to raise a fund for that purpose ; ' " and of an act passed in the session held in the fourth and fifth years of Her Majesty's reign, intituled : "An act to amsnd the ordinances of the Legislature of the Prov- ince of Lower Canada, providing for the vmprovement of the roads in the neighbourhood of the city of Montreal ; " and the powers of the trustees therein mentioned, now extend, the said provisions and powers shall be and are hereby extended to the roads hereinafter mentioned, as fully as if the said roads were expressly mentioned and included in the said ordinances and act, or as if the said powers and provisions in the said ordi- nances afid act contained, were embodied in this act and hereby re-enacted with reference to the said roads, that is to say : MONTREAL TURNPIKE ROADS. 613 First. — The road made and macadamized by the aforesaid St. Michel St. Michel Road Company, extending from the end of the Vic- ■^°**" toria Eoad, through and along the C6te de la Visitation aild the C6te St. Michel, in the parish of Montreal, and through arid along a portion of the C6te St. Michel, in the parish of Sault- au-R^coUet, to the front road of the C6te St. Michel, in the parish last mentioned. Second. — ^A road to be opened and made from the front road EoadfoSanlt- of the C6te St. Michel, in the parish of Sault-au-R6collet, to ^"-R«<=o"et- the village of Sault-au-RecoUet, at or near the church of the said parish.* 2. And be it enacted, that the trustees of the Montreal Compenaa- tumpike roads, aforesaid, may and shall be authorized and Michel Road*^ empowered, and they are hereby authorized and empowered to Company, issue to the aforesaid St. Michel Road Company, road deben- tures to the extent of and not exceeding two thousand pounds, currency, redeemable in ten years from the date of such deben- tures, and bearing an interest not exceeding six per centum per annum, in full compensation and extinction of all the right, title, powers and interest of the said St. Michel Road Company, in and to the aforesaid portion of road first above described, or the tolls thereon, and such right, title, powers and the interest of the said company shall cease accordingly upon their receiv- ing the said debentures. 3. And be it enacted, that the said roads, that is to saj' : the The new road extending from the end of the Victoria Road, in the par- considered' as ish of Montreal, to the front road of the C6te St. Michel, in the one continu- parish of Sault-au-R^coUet, and the road to be opened and made °^^'^°*4 ^'?^ from the said front road of the C6te St. Michel to the village un'der the** ^ of the Sault-au-R^coUet, shall, with regard to the tolls to be trustees, levied and collected thereon, be held and considered as forming one continuous road with the nine several roads mentioned in the seventh section of the ordinance passed in the third year of Her Majjesty's reign, and hereinbefore referred to, and the two several roads mentioned in the first section of the ordinance hereinbefore referred to, passed in the fourth year of Her Majesty's reign ; anything in the said two ordinances, or either of them, to the contrary notwithstanding, f 4. And be it enacted, that the trustees of the Montreal turn- What tolls pike roads shall and may demand, levy, exact and receive from ™n?he*new* all and every person or persons passing upon or using any part roads. of the roads, to be made and incorporated with the Montresii turnpike roads, under the authority of this act, the same rates of toll, to be calculated in the same manner and by the same , • See as to control of trustees : 3 V. , c. 31, s. 7 ; 4 V., c. 7, ss. 1 and fol. ; 9 Y-, C.67, s. 1, and27 v., c. 32. t See as to tolls: 3 V., 0.31, ss.8 and fol.: 4 V., c. 7, S3. 9 and fol. ; 4-5 V., c. 35, SB. 1 *nd fol., and 27 V., c. 32, ss. 1 , 2 and 4. 614 MONTREAL TURNPIKE ROADS. proportion as are set forth and contained in an act of the Leg- islature of this Province, passed in the session held in the fourth 4-6 Vict, and fifth years of Her Majesty's reign, intituled : "An act to " ^^' ■ amend the ordinance of the Legislatv/re of the late Province of Lower Canada, providvng for the vmprovement of the roads i/n the neighhov/rhood of the city of Montreal" and further- more such rates of toll in addition to the above rates as they shall consider sufficient to cover the annual interest of the capital expended, the collection of tolls, requisite • repairs, and expenses of management ; and shall also in all respects have the same powers for making regulations concerning the said roads, and the tolls to be levied thereon, as they now have and possess under the ordinances and act aforesaid with regard to the other roads under their control, and the tolls to"* be levied thereon.* A further loan 5. And be it enacted, that in addition to the loan of thirty- by^the^satd ^ five thousand pounds, currency, mentioned in the sixteenth sec- tmsteeB. tion of the said ordinance passed in the session held in the third year of Her Majesty's reign, and to the further loan of twelve thousand pounds, currency, mentioned in the sixteenth section of the said ordinance passed in the fourth year of Her Majesty's reign, and authorized to be raised for the purposes of the said or- dinances, and to the further loan of twenty-seven thousand pounds currency, mentioned in the fourth section of an act passed in the ninth year of Her Majesty's reign, and intituled: "An act to amend and extend the laws relative to thetv/rnpiJce roads in the neighbourhood of Montreal," for the purposes in the said act authorized and specified, the said trustees may raise, by way of loan, on the security of the tolls by the said ordi- nances and act authorized to be imposed, and of other moneys which may come into their possession, and be at their disposal, under and by virtue of the said ordinances and act and of this act, and not to be paid out of or chargeable against the general revenue of this Province, any further sum of money not ex- ceeding three thousand pounds, currency, for the purposes in the said ordinances and act and in this act authorized and specified, and the debentures for such further loan, and also the debentures authorized to be issued under and by virtue of this act to the St. Michel Company, shall respectively bear interest at the rate to be therein mentioned, which interest shall not ex- ceed the rate at six per centum per annum, and such interest shall be paid out of the tolls upon the roads or out of any other moneys at the disposal of the said trustees, for the purposes of the said ordinances and act and of this act.f Moneys may 6. And be it enacted, that over and above the sums which toe borrowed ^j^g gg^j^ trustees are authorized by the next preceding section * See as to tolls : 3 V., c. 31, ss. 8 and fol. ; 4 V., c. 7, ss. 9 and fol. | 4-5 V., o. 35, ss. 1 and fol., and 27 Y., c. 32, ss. 1, 2 and i. t See as to loans : 3 V., c. 31, s. 16 ; 4 V., c. 7, ss. 16 and 17, and 9 V., c. 67, e. 4 and ful. MONTREAL TURNPIKE ROADS. 615 •■of this act and by the two ordinances and the act hereinbefore for the pur- mentioned, to raise by way of loan, it shall be lawful for the P°'® "JP^^ ,^^iA +„,,„i _i !• in, . . ing off form ormei said trustees, at any time, and as often as occasion may require, lofns in cer- to raise in like manner such further sum or sums as may be **i'i ^^^^s. necessary to enable the trustees to pay off the principal of any loan which they may have bound themselves to repay at any -certain time, and which the funds in their hands, or which may be in their hands at such time and applicable to such payment, shall appear insufficient to enable them to repay ; provided al- ProTiao. ways, that any sum or sums raised under the authority of this section shall be applied solely to the purpose herein mentioned, that no such sum shall be borrowed without the approval of the Governor or person administering the Government of this Province, and that the whole sum due by the said trustees, under debentures then unredeemed and issued under the author- ity of the said ordinances and act and of this act, shall in no •case exceed seventy-seven, thousand pounds, currency ; and all provisions of this act and of the said ordinances touching the terms on which any sum shall be borrowed under the authority thereof by the said trustees, the rate of interest payable thereon, and the payment of such interest (except as to the payment of such interest by the Receiver General or out of any provincial ■funds) shall be extended to any sum or sums borrowed under -authority of this section.* 13-14 VICTORIA, CHAPTER 103. (Canada.) -An act to authorize the exchange of certain turn- pike road debentures for others of the same total value, but being respectively for smaller sums. [lOth August, 1850.] VlT'HEREAS a considerable amount of the debentures issued Preamble. ' ' by the trustees of roads |[iereinafter mentioned are respectively for sums too large to be sold or conveniently as- signed over, as debentures for smaller sums might advanta- .geously be ; 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 intit- uled : " An act to re-unite the Provinces of Upper and Lower ••Canada, and for the Go^'ernment of Canada," and it is hereby ■enacted by the authority of the same, that for and notwith- Debentures of ■■standing anything in any act or ordinance to the contrary, it trustees of • See as to loans ; 3 V., c. 31, s. 16 ; 4 V., c. 7, ss. 16 and 17, and 9 V., c. 67, ^. 4 and fol. 616 MONTREAL TURNPIKE ROADS. certain turn- pike roads niay be ex- changed for sniialler sums each. Proviso. shall be lawful for the trustees of the Montreal turnpike- roads, the trustees of the Quebec turnpike roads, and for the trustees of the Longueuil and Chambly turnpike road,, respectively, at any time within three years from the passing- of this act, to exchange any of their debentures for debentures amounting in the whole to a like sum, but being respectively for such sums, not less than five pounds each, as the now holders thereof may require, bearing the same rate of interest to be reckoned from and payable at the same times, and having- the same rank and priority of claim, as the debentures for which they are exchanged, which last shall be cancelled and kept by the trustees by whom the new debentures shall be issued, and a memorandum shall be made upon them of the debentures for- which they were exchanged, and the new debentures shall also- be marked as having been issued in exchange for such cancelled, debentures ; provided always, that the new debentures issued under this act shall not be made payable at an earlier date than the debentures in exchange for which they shall have been issued. Preamble. 27 VICTORIA, CHAPTER 32. (Canada.) An act to amend the acts and ordinances con- cerning tlie Montreal turnpike roads as regards that portion of the said roads known as the^ " Victoria Road." [Assented to 15th October, 1863.] HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as- follows : VictoriaRoad 1. That part of the Montreal turnpike roads known under- to be a sepa- the name of the " Victoria Road," shall hereafter be deemed to be a separate road and as not forming part of the other tarn- pike roads in the neighbourhood of Montreal. rate road. Tolls taken on it to be proportioned according to 4-5 v.. c. 35. 2. The trustees of the Montreal turnpike roads shall con- tinue to have the control of the said " Victoria Road," and they shall have with respect to the said road all the rights and. powers which they now enjoy and may exercise, but they shall5 only demand, levy, exact and receive on the said road, the tolls- and dues heretofore established, and which they are empowered to collect under and by virtue of the act passed in the session held in the fourth and fifth years of Her Majesty's reigp, chapter thirty-five, on the roads under the control of the said trustees, not exceeding in length the Upper Lachine Road, but propor- tioned as regards their amount, to the length of the saidi Victoria- Road, as compared with the length of the said Uppec- Lachine ^ Road, that is to say : the dues and tolls to be demanded;, levied,, exacted and received by the said trustees, shall be th«Beestahr- MONTREAL TURNPIKE ROADS. 6lT lished by the said act above cited, but proportioned as regards their amount to the length of the said Victoria Road, as com- pared with that of the Upper Lachine Road ; provided that Proyiso : as whenever the amount of tolls to be charged and collected would, t°f™°t'™«- according to the above rule, comprise a fraction of one half- penny, one half -penny shall be charged and collected in lieu of such fraction.* S. The trustees of the Montreal turnpike roads are hereby Trustees maj- authorized to acquire from " The St. Michel Road Company," E^^^jJ'.^'ff *^® the turnpike road commonly known as the St. Michel Turn- Road' with pike Road, made by the said company under the ordinance approval of of the Special Council passed in the fourth year of Her councri°' "^ Majesty's reign, chapter twenty-two, on such terms and condi- tions as may be agreed upon between the said trustees and the said company and approved by the Governor in Council, and to pay for the said road out of the surplus revenue of the said Montreal turnpike roads.f 4. On the purchase of the said St. Michel Turnpike Road, the What tolls same shall form part of the Victoria Road, and shall thereafter s^*^" *>« ^^^^^ be considered as forming one continuous road with the other purchase, &o. roads in the neighbourhood of the city of Montreal, under the control of the said trustees, and be subject to all the provisions of the acts and ordinances regarding the powers of said trustees as to such other roads, and the tolls to be charged and collected on the said roads ; notwithstanding anything to the contrary contained in the present act. j 5. This act shall be deemed a public act. Public act>. Note. — The following chapter, which is of public interest as affecting all turnpike roads, is reproduced in article 3502 of the Revised Statutes of Quebec, but is printed here as a reference^ 33 VICTORIA, CHAPTER 34 (Quebec.) An act to exempt ministers of religion, in the^ performance of their duties, from the payment of tolls on bridges and roads. [Assented to 1st February, 1870.] TTER MAJESTY, by and with the advice and consent of the. -•-■- Legislature of Quebec, enacts as follows : • See as to tolls : 3 V., c. 3],ss. 8 and fol. ; 4 V., c. 7, ss.9and fol.; 4-5 V., c. 35, S3. 1 and fol. ; 12 V., c. 120, S3. 3 and 4, and 27 V., c. 32, ss. 1, 2 and 4. t See as to control of trustees : 3 V., c. 31, s. 7; 4 V., c. 7, ss. 1 and fol. ; 9 V. c. 67, ss. 1 and fol. ; 12 V., c. 120 s. 1, and 27 V., c. 32, s. 3. t See as to tolls : 3 V., c. 31, ss. 8 and fol. ; 4 V., c. 7, bs. 9 and fol. ; 4-5 V., c-. 35, B3. 1 and fol. ; 12 V., o. 120, ss. 3 and 4, a,nd 27 V., c. 32, ss. 1, .2 and 4. -618 MONTREAL TURNPIKE ROADS. Ministers of religion, in performance ■of their ■duties, may pass toll free on all turn- pike roads .^nd bridges. 1. All ministers of religion going to perform, or returning from the performance of any act or duty appertaining to the exercise of their ministry, and all vehicles and animals actually being used by them, in so going or returning, shall pass toll free through every turnpike or toll-gate on any turnpike road or bridge through which they may have occasion to pass, whether such turnpike road or bridge and the tolls thereon belong to the Province or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated company, or to any other body or person.* 37 VICTOKIA, CHAPTER 51. (Quebec.) An act to revise and consolidate the charter of the city of Montreal, and the several acts amending the same. [Assented to 28th January, 1874.] rpHEREFORE, Her Majesty, by and with the advice and -•- consent of the Legislature of Quebec, enacts as follows : Montreal 'Turnpike Trust. 238. Nothing contained in this act shall be construed to revoke or in any manner affect the rights and powers by, law vested in the Montreal Turnpike Trust ; and in the event of the extension of the city limits contemplated in this act, causing any damage or injury to the said trust, said damages shall be ascertained and determined by amicable arrangement, arbitra- tion, or in the manner relating to ordinary expropriation within the limits of the said city. * See as to exemptions : 3 V., c. 31, 12 v., c. 25, and 33 V., c. 34. s. 9andfol.i 4 V., c.7, s. 10; 7 V., o. U ACTS AND ORDINANCES HEtATITE TO TUENPIKE ROADS BETWEEN MONTREAL, LONGUEUIL AND CHAMBLT. Note. — These roads have been transferred by proclamation of the 11th May, 1858, to the municipalities, and the ordinances and acts which relate to them are printed Tnerely as references. ALPHABETICAL SUMMARY. c. 16, S.24. Army and Navy — Exempt from tolls. 12 V., c. 25. Damages caused by ferry. 4 V., c. 16, s. 22. by taking land. 4 v., c. 16, s. 6. Debentures — Counterfeiting, punishment. 4V., c. 16 s. 34. Exchange of. 13-14 V., c. 103. Interest on. 4 V., c. 16, s. 35. Repayment of. 4 V., c. 16, s. 36. SFences — Trustees not bound to make them be- tween roads and lands through which they pass. 4 V., c. 16, s. IT. ferry between Longueuil and Montreal may be established by Trustees and leased. 4 V., c. 16, ss. 18 and 19. Gates — Penalty for avoiding them and not paying tolls. 4 V., c. 16, ss. 25 and 26. Orand-Yoyers, etc., etc.— Cessation of their powers. 4 v., c. 16, s. 15. Obstructions inroads — Malicious. 4V., Offwnces and penalties. 4 V., c. 16, s. 21. Overseers of roads. SeeS Grand-Voyera. Penalties and their recovery. 4 V., c. 16, ss. 21, 22, 24, 25, 26, 27, 28 and 34. Persons liable for work on roads. Annual rent by mutual agreement. 4 v., c. 16, s. 16. Rendering account of receipts and expenditure. 4V., c. 16, B. 37, and 8 V., c. 56, s. 4. Rent by persons incapable of selli ng their lands to Trustees. 4 V., c. 16, a. 5. Sent by persons who are liable for work on roads. 4V., c. 16, s. 16. Roads — Considered public highways. 4 V., c. 16, s. 8. Placed under control of Commissioner of Public Works. 13-14 V., c. 106, ss. 1 and 2. Effect of transfer. 13-14 V., c. 106, ss. 2 and 3. Bead surveyors. See Grand-Voyers. Tolls— Application of. 4 T., c. 16, s. 6. Avoiding, penalty lor. 4 V., c. 16, ss. 25 and 26. Commutation of. 4 V., c. 16, ss. 13, 16 and 20. Tolls — Exemptionsfrom payingmore than once. 4 v., c. 16, B. 11. In favor of Army and Navy. 4T., c. 16, s. 10, and 12 v., c. 25. Of funerals. 4 V., c. 16, s. 10. Of Her Majesty's mails. 4 v., c. 16, s. 10. Ministers of religion. 33 v., c. 34. Persons going to church. 7 V.,c. 14, s. 2. Persons going to their farms, etc. 7 V., c. 14, s. 5. Vehicles carting man- ure. 7 v., c. 14, s. 1. Farming out of. 4 V., c. 16, s. 14. Rates of. 4 V., c. 16, BS. 9, 13 and 19. Regulations for collecting. 4 V., c. 16, s. 19. Schedule of. 4 V., c. 16, ss. 9 and 19. Trustees cannot be principals or sureties in contracts affecting. 4 V., c. 16, s. 30. Vehicles which pay each time they pass. 4V.,c. 16, s. 12. Trustees — Acquisition of property by. 4 V., c. 16, s. 4. Appointment of. 4 V., c. 16, ss. 1 and 2. Compensation and arbitrators. 4 V., c. 16, ss. 4 and 6. Control of Trustees over roads and bridges. 4 V., c. 16, ss. 3 and 7. Exchange of debentures. 13-14 V., c. 103. Ferry — Powers of Trustees in connec- tion with establishing and leasing. 4 v., c. 16, s. 18. Incapables — Annual rent. 4 V., c. 16, s. 5. ' Loan of £15,000, &c. 4 V., c. 16, ss. 31 and 33. Debentures therefor. 4 V., c. 16, s. 32. Ofi;4,000. 8 v., c. 56, s. 3. Manager of. 4 V., c. 16, s. 2. Powers of— Extended. 8 V., c. 66, b. 1. General. 4 V., c. 16, ss. 4 and 6. Reports by. 4 V., c. 16, s. 38. Tolls which they may exact. 4 V., c. 16, ss. 9, 13 and 19. Witnesses— Who may be, &c. 4 V., c. 16, s. 29. 620 MONTREAL AND CHAMBLY TURNPIKE ROADS. Preamble. The Gover- nor m^y ap- point trustees for certain Toa(]s and Qtber public woiiks. . 4 VICTORIA, CHAPTER 16. (Canada.) An ordinance for establishing and maintaining; better means of communication between the city of Montreal and Chambly. WHEREAS it is expedient to provide better means of communication between the city o£ Montreal and the Canton of Chainbly, on the canal connecting the navigable waters of the River St. Lawrence with those of Lake Champlain, and also between the said city and the parishes, townships and track of country lying in the neighbourhood of Chambly afore- said, or beyond it on the same side of the River St. Lawrence^ and in nearly the same direction from the said city ; and whereas for the purposes aforesaid it is expedient to authorize the construction of a sufficient turnpike road between some point near the village of Longueuil and the said Canton of Chambly, with a branch road to a point on the basin of Cham- bly, near the entrance of the said canal into the said basin, and to provide funds for defraying the expense of making the said road and of keeping it permanently in a state of efficient repair ; Be it therefore ordained and enacted by His Excellency the Governor of the said Province of Lower Canada, by and with the advice and consent of the Special Council for the affairs of the said Province constituted and assembled by virtue and under the authority of an act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled -."An act to make temporary provision for the Government of Lower Canada" and »also by virtue and under the authority of a certain other act of the same Parliament, passed in the session held in the second and third years of the reign of Her present Majesty, intituled -."An act to am^end an act of the last session of Parliament for onaking temporary provision for the Government of Lower Canada," and also by virtue and under the authority of a certain other act of the same ParUa^ ment, passed in the session held in the third and fourth years of the reign' of Her present Majesty, and intituled : " An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ; " and it is hereby ordained and enacted by the authority of the same, and by virtue of the powers in them vested by the said acts of Parliament, that it shall and may be lawful for the Governor of the said Province, by letters-patent under the great seal thereof, at any time after the passing of this ordinance, to appoint not less than five nor more than nine persons to be and who and their successors to be appointed in the manner hereinafter provided, shall be trustees for the purpose of opening, making, con- structing, and keeping in repair the roads and other works hereinafter mentioned.-* * See as to triigtees and their control : '4 V., ' 3. 1, and 13-14 V., c. 106, S3. 1, 2 and 3. , 16, S3. 1, 2, 3 and 1 ; 8 V., e. 56, MONTREAL AND CHAMBLY TURNPIKE ROADS. 621 -n-^'/""i^^^l* further ordained and enacted, that in case of In case of the the death, absence for more than three months from the '^^"'"' *°' °^ Province, misconduct, inability or neglect to act, or resignation S tees, the ot aity one or more of the trustees so to be appointed the Governor to Governor of the said Province may declare a vacancy iii the X°rs"in their said trust, and supply and fill such vacancy by the appoint- place, ment, by letters-patent, of other one or more trustees, as the case may require ; and until such appointment, the remaining trustee or trustees, or the majority of them, as hereinafter mentioned, shall and may continue to do and perform all and every the acts, matters and things necessary for and appertain- ing to their trust and the purposes of this ordinance ; provided always, that any majority of the said trustees for the time then _ being, or of such of them as shall then be within this Province, shall and may have and exercise all the powers here- by vested in the said trustees ; and provided further, that the The trustees said trustees or a majority of them may, by an instrument in "uTof'^t^eif writing signed by them, appoint one of their number to be the number to'^be manager of the said trust ; and any and all acts, matters and ^a^ager of things by him done and performed in and about the said trust *''"''*''"'*• and for the purposes of this ordinance, and any and all writ- ings and documents whatsoever relating to or connected with the said trust and the purposes of this ordinance, signed by him and countersigned by two of the other trustees in case they be five in number, or by three of the other trustees in case they be more than five in number, shall be held to be good and valid as the act of the trustees appointed under the au- thority of this ordinance, to all intents and purposes whatso- ever ; but the said trustees or a majority of them may, by an instrument under their hands, revoke such appointment, and appoint in like manner any other of their number to be manager as aforesaid ; and nothing herein contained shall be construed to prevent the trustees or the majority of them, or of those then within the Province, from acting collectively for all the purposes of their trust at any time, without appointing or having a manager as aforesaid.* 3. And be it further ordained and enacted, that the said May make and trustees shall and may make and construct, maintain and keep &c"'' certain in efficient repair, a road from the waters of the River St. roads and Lawrence, at or near the village of Longueuil (from a point at t^e*' ff L*^^" or within seven hundred yards of the landing place used, for gueuil and" the present ferry between the said village and the north bank Ohambly. of the said river), towards the said Canton of Chambly, and until the road so made shall intersect the river called La Betite Riviere, in the parish of Chambly, and shall and may in like manner make, construct, maintain and keep in efficient repair a road from the point last mentioned to a point on the basin of Chambly at or within two hundred yards of the landing place of the present ferry across the said basin to La Pointe Oli/vier, * See as to trustees and their control : 4 V., c. 16, ss. 1, 2, 3 and 1 ; 8 V., c. 56, s. 1, and 13-U V., c. 106, ss. 1, 2 and 3. 622 MONTREAL AND CHAMBLY TUKNEIKE BOADS. and another road from the said point on the river called La Petite Riviere, to a point in the place called the Can- ton of Chambly, within one hundred yards of the fort; and shall and may build, construct and perform all such bridges, and other works as may be necessary for completing and using the said roads; provided always, that the said trustees may make the said roads either wholly or partly along the line of any existing public highway, and may adopt and use any part of any such highway as part of any of the said roads, or may deviate therefrom, and make the said roads either wholly or partly on or in a new line or lines, direction or directions, as to them shall appear most for the public advantage and most likely to ensure the attainment of the object of this ordinance.* May sue and 4. And be it further ordained and enacted, that the said be sued, &c., trustees shall and may, for all the purposes of this ordinance, quire property sue and be sued, and answer and be answered unto in all courts and estate, of justice and other places, by the name of the " The Trustees of the Longueuil and Chambly Turnpike" Eoad ; " and service of any summons at their usual office, in any action against them, shall be sufficient to compel them to appear accordingly to answer to such action ; and the said trustees, for the purposes hereinafter mentioned and none other, may purchase or otherwise acquire and hold property and estate, movable or immovable ; which property so purchased or otherwise acquired shall be The price to vested in Her Ma.jesty, Her Heirs and Successors for the public ^ro^ ert '^°mav ^®®® °^ ^^^ Province, and the price to be paid by the said trus- te established tees to the owner or owners of such property shall and may ba by mutual established by mutual agreement or by arbitration ; in which bf^arMtra- °' Case of arbitration the said trustees shall appoint one arbitrator, tion. and the owner or owners shall appoint another arbitrator, and in case of difference of opinion between the arbitrators sa appointed, they, the said arbitrators, or if they shall not agree, any one of the justices of the Court of King's Bench for the district of Montreal, or of that division of the Court of Common Pleas which shall hold its sittings in the territorial division of Montreal, shall and may, on the summary petition either of the said trustees or of the said owner or owners, appoint an umpire, and the decision of such arbitrators and umpire, or of a majority of them, rendered in writing, shall be conclusive and final, and shall bind the respective parties according to its intent and tenor. An annual 5. And be it further ordained and enacted, that if any lands plm^for^pro- °^ premises belonging to or in possession of any body politic, perty ac- Community, corporation, or person or persons whomsoever, who- quired from cannot in common course of law sell or alienate the same, shall cannot in be required by the said trustees for the purposes of this ordi- cominon nance, the same shall and may be sold and alienated to the said • See as to trustees and their control : 4 V., c. 16, 38. 1, 2, 3 and 1; 8 V., c. 58, B. 1, and 13-U V., c. 106, ss. 1, 2 and 3. MONTREAL. AND CHAMBLY TURNPIKE ROADS. 623^ trustees, by such body politic, community, corporation, or person course of or persons for an annual rent to be paid as an equivalent for g^me ^" *^^ and in lieu of a price or principal sum of money ; and the ^*™^' amount of such annual rent may be established by mutual agreement, or by arbitration in the manner provided by the section of this ordinance immediately preceding this section, or by a jury in the manner hereinafter provided, if it be not so ascertained as aforesaid. 6. And be it further ordained and enacted, that in default Manner of of the parties mutually agreeing upon as submitting to arbitra- 'defauU rf^th^ tion the establisment of the price, or of the annual rent equiv- parties agree- alent to the price to be paid for the land and premises required ^"g "P°? <"■ by the said trustees for the purposes of this ordinance, in the fJbiti'atiou ; "^ manner mentioned in the two sections of this ordinance, imme- 'he estabiish- diately preceding this section, the said price of the said annual "aldpdcl^or rent, as the case may be, shall be settled and determined by the annual rent. judgment of any court of competent jurisdiction, to be rendered in an action or actions to be instituted by the party or parties concerned against the said trustees ; but, in the mean time, if the said trustees shall duly tender to such owner or owners, or to such body politic, community, corporation, or person or persons unable in common course of law, to sell or alienate as aforesaid, in the former case a sum of money as and for the price or value, and in the latter case a sum of money as and for the amount of the annual rent for one year of and for land and premises so required by the "said trustees for the purposes of this ordinance, and the same shall be refused and a submission to arbitration as aforesaid shall also be refused, it shall and may be lawful for the said trustees forthwith 'to enter into and upon, and to take possession of and to appropriate to the pur- poses of this ordinance, the land by them so required as afore- said in like manner as if the tender of the said trustees had been accepted ; provided always, that in any action afterwards instituted in any court of competent jurisdiction against the said trustees for the recovery of the value or price or of the annual rent equivalent to the value or price of the said land The tolls to required for the purposes of this ordinance, the said trustees for*thTan- * shall pay into court in the said action the amount by them nual rtnts. tendered as aforesaid ; and in case the value or price, or the annual rent equivalent to the value or price settled by such judgment to be recovered against the said trustees, shall not exceed the amount tendered by them previously to the insti • tution of the action and subsequently paid into court as afore- said, the party or parties instituting the same shall pay all costs of suit, but otherwise the said trustees shall pay the costs of suit ; and for the payment of such annual rent equivalent to such value or price of land required for the purposes 'of this ordinance, the tolls to be levied and collected on the said roads shall be and are hereby made liable and chargeable in preference proviso re- to all other claims whatsoever ; provided always, that any specting com- compensation to be made by the said trustees to any party for f^ °'g„8°°in° a any loss or expense to which such party shall be subjected by by any party. €24 MONTREAL AND CHAMBLY TURNPIKE ROADS. reason of anything done under the authority o£ this ordinance, and which loss such party would not have been bound by the laws now in force, to bear without compensation if the said roads had been made and repaired under the authority of any proces-verhal duly homologated, shall and may be ascertained and paid in the same manner and under the same provisions as the compensation to be made for land taken by the trustees under the authority of this ordinance. The roads, -&c., to be un- der the exclu- vsive control of the trus- •tees. Trustees in- vested with certain pow- ■ers. T. And be it further ordained and enacted, that the said roads and works hereinbefore mentioned, between the said village of Longueuil and the said basin and Canton of Chambly, that is to say, between the points mentioned in the third section of this ordinance, shall be under the exclusive superintendence, control and management of the said trustees, and they shall cause the said roads to be properly and sufficiently made and constructed, or (in any case where any part of any existing road or work shall be adopted as part thereof) to be widened, improved and repaired, or made anew, and afterwards shall keep and maintain the same in a proper and efficient state of repair ; and to the ends aforesaid, it shall and may be lawful for the said trustees, and they are hereby authorized and empowered to determine the direction of each and every part of the said roads, and if necessary, to change the direction or place of any part of the said roads, or of any work, at any time, and to purchase or acquire any land or prop- erty, real or personal, necessary to give effect to the provi- sions of this ordinance, and to make ditches, drains, tun- nels, plats, bridges and other works and devices on the said roads and on the sides thereof, and either within or without the fences at the sides of the said roads, and in or through any lands or premises whatsoever ; and for the purposes aforesaid, by themselves, their agents or servants, to go into and enter upon any land or premises whatsoever, and take therefrom any earth, gravel, stone or other material which they may deem necessary, and to erect gates, toll-bars, turnpikes, and turnpike- houses, and buildings on, across or near the said roads, and the same again from time to time to remove and re-erect elsewhere, on, across, or near the said roads ; and for the purposes of erecting such turnpike-houses and iDuildihgs, to purchase and acquire or to hire for a limited time, at a specified rent, any lands or premises whatever ; to appoint and employ a clerk or clerks, surveyor or surveyors, and a toll-collector or toll-collectors, and all other such officers and persons under them as they from time to time may deem necessary for the purposes' of this ordi- nance ; and if deemed necessary, to take and receive from any such surveyor, toll-collector or other officer or person, security for the due performance of their respective duties ; to pay to such surveyor, toll-collector, or other officer or person, such reasonable compensation as the said trustees shall deem meet ; and generally to do and perform all such matters and things as may be neces- sary for carrying this ordinance into eflfect, according to the MONTREAL AND CHAMBLY TURNPIKE ROADS. 625 true intent, meaning and object thereof ; any law, statute or usage to the contrary notwithstanding.* 8. And be it further ordained and enacted, that the roads to The roads to be made by the said trustees under the authority of this ordi- ^? }™^^'g nance, and any portion of any existing highways which they aifd" any'part shall adopt as part thereof, shall be public highways to all abandoaed intents and purposes of law ; and when the line of any part t^e'direfS or parts of the said roads shall be altered from the place first of them, may adopted for the same by the said trustees, and after the new ^* ^"^^' part or parts of the said roads shall be made and completed, such new part or parts shall be substituted for the part or parts abandoned, and shall be taken to be a public highway or highways, and subject to all the same provisions and regulations as the road for which they shall be substituted ; and such part or parts of the old road so abandoned and the land and soil thereof, may be sold and conveyed by the trustees to any party willing to purchase the same, giving to the p'erson or persons whose lands adjoin thereto a preference in the purchase thereof ; and it shall be lawful for the Governor of this Pro- vince, to cause the requisite grant or instrument to be executed in Her Majesty's name ; provided always, that if any such part or parts of the old road shall lie between the new road and any land, house or place which cannot in the opinion of the trustees be otherwise conveniently accommodated with a passage from the new road, then and in such case the said part or parts of the old road shall be sold subject to the right of way or pas- sage to such land, house or place respectively ; and provided fur- ther, that the money arising from the sales of any part or parts of the old road shall form part of the funds at the disposal of the trustees for the purposes of this ordinance, and may be applied in the same manner as the tolls arising on the said road. 9. And be it further ordained and enacted, that when the Rates of tolls said roads shall be completed, the said trustees may and shall be^exacted on demand and levy, exact and receive on the said roads, from the said roads, persons who shall use the said roads or any of them, the cer- tain tolls and rates hereinafter mentioned, that is to say : for every waggon, wain, cart, or other wheel carriage for the trans- portation of loads, the wheels whereof have tires or tracks of the breadth of four inches or upwards, English measure, drawn by one or two horses or other beasts, if the same be loaded, in whole or in part, the sum of one shilling, currency ; and if the same be not loaded, the sum of eight pence, currency ; and for every such waggon, wain or cart, with wheels, the tires or tracks whereof shall have a breadth less than four and not less than two and a quarter inches, English measure, drawn as aforesaid, • See as to trustees and their control : i. V., c. 16, ss. 1, 2, 3 and 7 ; 8 V., c. 56, s. I, and 13-U V., c. 106, ss. 1,2 and 3. 40 626 MONTREAL AND CHAMBLY TURNPIKE ROADS. i£ loaded in whole or in part, the sum of one shilling and one- penny, currency ; and if not loaded, the sum of eleven pence^ currency ; and for every such waggon, wain or cart with wheels, the tires or tracks whereof shall have a breadth less than two and a quarter inches, English measure, drawn as afore- said, if loaded in whole or in part, the sum of one shilling and four pence, currency ; and if not loaded, the sum of one shilling, currency ; and for every additional horse or other beast to any such waggon, wain or cart, hereinbefore mentioned, the further sum of eight pence currency ; for everj' coach, stage- coach, gig, calash, dennet, spring-cart, or other wheeled carriage (other than waggons, wains and carts of the description herein- ' before mentioned) having wheels with tires of the breadth of two and a quarter inches or upwards, English measure, drawn by one horse or other beast, the sum of one shilling and four- pence, currency ; and for every such coach, stage-coach, gig,, calash, dennet, spi'ing-cart, or other wheeled carriage (other than waggons, wains and carts of the description hereinbefore- mentioned) having wheels with tires or tracks, less than two and a quarter inches, English measure, in breadth, drawn as afore- said, the sum of one shilling and eight pence, currency ; and for every additional horse to such stage-coach, gig, calash, dennet, spring-cart or other wheeled carriage, the further sum of eight pence, currency ; for every sleigh, (traine) drag, berlin, cariole, or other winter whicle whatsoever drawn by one or two horses,, or other beast or beasts, the sum of eight pence, currrency ; and for' every additional horse, the further sum of two pence half- penny, currency ; for every horse, mare or gelding with a rider, the sum of eight pence, currency ; for every horse, mare, gelding,. ass, mule, bull, ox, cow, and head of other neat cattle, not drawing, the sum of two pence half -penny, currency ; for every sheep, lamb, hog, calf, or goat, the sum of one half -penny, cur- rency. The said tolls to be exacted and paid in equal and just Trnstees to proportions at the turnpike-gates and toll-bars, not less than tions for^the*" ^^ number, to be erected and established on the said road collection of for that purpose by the said trustees at places as nearly equi- the tolls. distant from each other as may be found practicable and conve- nient ; and the said trustees may, and they are hereby author- ized and empowered to make and establish the regulations- under which such tolls or rates shall be so levied or collected p and with the consent of the Governor of this Province, may, from time to time as they shall see fit, alter, change and modify the said rates and tolls and the said regulations ; and may and shall prevent the passing through any turnpike-gate or toll-bar of any person, vehicle, animal or thing fi"om on whom or which any rate or toll shall be payable until such rate or toll be paid ; A table of the and the said trustees shall affix, in a conspicuous place at each affixed°at each tumpike-gate and toll-bar whereat any rate or toll is payable, turnpike- a table of ^the tolls to be taken thereat, and the regulations gate, &o. under which such tolls are to be levied, plainly and legibly printed ; provided always, that nothing herein con- tained shall empower the said trustees at any time to establish, demand, levy, exact or receive any rates or tolls exceeding the MONTREAL AND CHAMBLY T0RNPIKE ROADS. 627 rates and tolls herein mentioned and authorized to be exacted and received.* 10. Provided always, and be it further ordained and enacted, Certain ex- that Her Majesty's mail and persons, animals, and carriages 5"^^'?^! employed in the conveyance thereof, Her Majesty's naval and military officers, and sailors and soldiers when on service, and being in naval or military uniform, dress or undress, and their horses (but not when passing in a hired or private vehicle), and all carriages, horses and animals belonging to Her Majesty or employed in her service, when conveying persons in such ser- vice or returning therefrom, and all naval and military recruits marching by route, and all persons, animals, carriages attending funerals, shall pass toll free along the said road and through the turnpike-gates and toll-bars thereon to be erected under the authority of this ordinance.* 11. Provided always, and be it further ordained and enacted, Certain ex- that no more than one full toll in any one day (to be computed f"S^tte pay- from twelve of the clock at night to twelve of the clock in the ment of mone next succeeding night) shall be demanded or taken for or in ^^f^i^^^y^"** respect of the same horse or horses, or other beast or beasts, or oaed'aj. cattle drawing the same waggon, wain, cart, coach, gig, calash, dennet, spring-cart or other wheeled carriage or winter carriage; or for, or in respect of the same horse, mule, ass or other beast or cattle, laden or unladen or not drawing, or for or in respect of the same oxen or ox, neat cattle, calves, swine, sheep or lambs- for passing and repassing through all or any of the gates along the line of the same one of the said roads, except as hereinafter mentioned ; and provided further, that no carriage, animal or thing on which one full toll shall have been paid on any day at any one of the said turnpike-gates, shall be subject to any toll on passing through any other of the said turnpike-gates on the same day.* 12 Provided also, and be it further ordained and enacted, r^e^c^iptton. that the tolls hereby made payable for or in respect of any ^*,;^_*™|^"' stage-coach, diligence, van, caravan, stage, waggon, or other every time of stage, carriage, or any cart or carriage of any kind conveying paasmg. passengers or goods for hire, pay or reward, and for or m respect of any horse or horses, beast or beasts drawing the same, shall be payable and paid every time of passing or re- passing along the said road ; but not at more than one of the said turnpike-gates for each time of so passing or of repassing on the said roads, in one and the same direction, although several of the said turnpike-gates should be gone through m, the same direction in so passing or repassing.* la And be it further ordained and enacted, that the said Ti-ustees may trustees may if they think proper, commute the to lls on the —'>**'- • See as to tolls and exemptions : ss. 9, 10, U, 12, 13, 14, 19 and 20 of this chap- ter; 7V., c. U;12V., c. 25, and 33 V., c. 34. '^528 MONTREAL AND CHAMBLY TURNPIKE ROADS. toUa with 'said road with any person or persons, by taking a certain sum any person. q£ money, either yearly or monthly, in lieu thereof.* Th? tolls 14. And be it further ordained and enacted, that the said auis'tiori'fo'r^^ trustees may from time to time, if they shall deem it advanta- one year. geous, let or farm the tolls to be levied on the said road by public auction to the highest and best bidder, for a time not exceeding one year in any case, taking good and sufficient security from the farmer or lessee ; provided always, that the said tolls to be levied shall not be let or farmed until after the expiration of the first year from the time when the said road shall be completed and the trustees shall have begun to levy the tolls thereon.* iWhen the 15 ^.nd be it further ordained and enacted, that all and ■vested in the every the powers and authorities, jurisdiction and control over magistrates, or with regard to the highway, or portion of any highway Smother ^/oad which shall be adopted by the said trustees as part of any ■officers over road they are hereby authorized to make, vested in smygrand- i^ail ce 'e**^' voyer, overseer of roads, road surveyor or other road officer by the act of the Parliament of this Province, passed in the thirty-sixth year of the reign of King George the Third, ' intituled : " An act for making, repairing and altering the highways and bridges within this Province, and for other pur- poses," or by any other act, ordinance or law of this Province, or in any district council, shall, in so far as the same shall not interfere with the carrying into effect of this ordinance, be or become and continue to be so vested, until the said trustees shall, in writing, notify such grand-voyer, overseer of roads, road surveyor or other road officer, or the clerk of such district council, that they, the said trustees, have assumed and taken upon themselves, or will, from and after a specified day, assume and take upon themselves, for the purposes of their trust, the control and management of the said road, and from and after such specified day, all and every the said powers, authorities, jurisdiction and control vested in such grand- voyer, overseer of roads, road surveyor, or other road officer or district council as aforesaid, shall cease and determine. Persons 1©. And be it further ordained and enacted, that from and louud by law after the day when the said trustees shall assume and take -«ny labour Oft upon themselves the control and management of the said road, -any of the each and every person and persons, body and bodies, politic or :must'com- Corporate, who may be bound by any law of this Province, or mute by the by any proces-verbal, duly homologated (and all such laws and ^nnual'^sum*" 'P'^'ocis-verho/wx shall remain in full force, except in so far as they are hereby expressly derogated from), to repair or keep up, or to perform any service or labour on or with regard to any portion of the road, hereby placed under the control of the said trustees, shall and are hereby required to commute all such See note at section 9 of tliis chapter. MONTREAL AND CHAMBLY TUENPIKE ROADS. 629.^ obligations with the said trustees for such sum of money as may . be agreed upon by such parties respectively and the said trusteed ; and such commutation money shall be payable annually, on the first day of May, in each year ; and if any such party shall neglect ' ■ or refuse to pay the sum so agreed upon when due, the said trus- tees may sue for and recover the same with costs, in any court having original civil jurisdiction to the amount ; provided always, that if no such agreement or commutation shall be effected, the said trustees may sue the party neglecting or refusing to make' such agreement or commutation for the sum which in their estimation such party ought then to pay for such eommuta-' tion, in any court having jurisdiction to the amount so sued for, and may recover the same or such less sum as the coutt shall award; and the rate determined by the judgment shall be the rate to be thereafter paid for such commutation by the party defendant, or such party as may be liable to the commutation of the same obligation ; provided also, that costs shall be awarded to any such party who shall, before the commence- ment of such suit, have legally tendered to the said trustees at their office, or to their clerk in person, a sum of money equal to that for which judgment in such suit shall be given. 17. And be it further ordained and enacted, that the said Trnstees not , trustees shall in no case be bound to make or maintain any m^XeVfehcfe' ' fence between any part of the roads they are hereby authorized between any to make and the lands through which the same shall pass, but °'' i''?J°?^^, if any proprietor of any land shall, by reason of this enactment, through sustain any loss or become subject to any expensti which he which they would not have been bound by the law now in force to bear ^^^^' without compensation, if the said roads had been directed to be made by any proces-verbal of the grand-voyer duly homolo- ' gated, then compensation shall be made to such proprietor by the said trustees for such loss or expense, and the amount thereof ' shall be ascertained in the manner herein provided with regard to other damages sustained by any party by reason of any ' thing done under the authority of this ordinance. 18. And whereas it will be advantageous to the public to tmsteea may establish a regular ferry between the parish of Longueuil and flJ^**'!^^.^ ^^ the Island of Montreal, in connection with the turnpike road 'Longueuil by this ordinance authorized to be established, be it therefore and Montreal further ordained and enacted, that it shall and may be lawful same.*"^^ ' ^ for the said trustees, by the name aforesaid of " The Trustees of ' the Longueuil and Chambly Turnpike Road," to establish a public ferry of such nature as to the said trustees shall seem ■ fit, between tlie commencement of the said turnpike road on . the south bank of the River St. Lawrence arid any part of the Island or city of Montreal, and to lease the said ferry for one year or for a term of years; provided always, that nothing' herein contained shall be construed to confer upon th6 said trustees any exclusive privilege in the said ferry, and to aquire, possess, hold, use and employ in and on such ferty.,, scows, boats, barges or other vessels, propelled by manual" 630 MONTREAL AND CHAMBLY TURNPIKE ROADS. labour, wind, steam, horse or other motive power for the conveyance and transport between the places aforesaid, of passengers, animals, carriages, goods, chattels, wares and And with the movable property of every description ; and for the pur- sanchon^of pose aforesaid, it shall and may be lawful for the said may acquire trustees, to take, purchase, or otherwise acquire (in like property for njanner as they are hereinafter authorized to purchase or purpose. Q^;]jej.^igg acquire) lands for the purposes of their trust, and to hold any real estate or property which shall be deemed by the said trustees to be requisite, and useful for the purpose afore- said, and for rendering the access to the said ferry commo- dious and easy ; provided always, that no real estate, or prop- erty to be purchased or acquired for the purposes in this section mentioned, shall be so purchased or acquired without the express sanction and approval of the Governor of this Prov- ince, and that no real estate or property shall be purchased, acquired or held for the said purposes, within the limits of the harbour of Montreal, which shall, for the purposes of this section, be held to extend from the entrance of the Lachine Canal to the lower extremity of the revetment wall, adjoining the Government works at the Commissariat Store. Tolls or rates of ferriage to be taken for passengers, animals and carriages. Proviso. . lO. And be it further ordained and enacted, that it shall and may be lawful, for the said trustees, and they are hereby em- .ppwered to demand, take, sue for, recover, and receive the fol- lowing tolls or rates of ferriage or freight and no more, that is to say : — For every coach, stage-coach, waggon, or other carriage with four wheels, drawn by two horses or other beasts, the sum of one shilling and six pence, currency ; And for ;every additional horse or other beast to the same, the sum of six pence, currency ; For every such coach, stage-coach, waggon or other carriage, drawn by one horse or other beast, the sum of one shilling and three pence, currency ; For every gig, calash, cart or other carriage with two wheels, and for every sleigh, berlin, trains, or other winter carriage drawn by two horses or other beasts, the sum of one shilling and six pence, currency ; For every such gig, calash, cart, sleigh, berlin, traine or other carriage, drawn by one horse or other beast, the sum of one shilling and three pence, currency ; For every: saddle horse, ass or mule with its rider, the sum of six pence, currency ; For every horse, mare, gelding, ass, mule, bull, ox, cow or kead of cattle, the sum of four pence, currency ; For every sheep, calf, lamb, goat or hog, the sum of one half- penny, currency ; For each person on foot, and for each person over five in any carriage drawn by four horses or other beasts, or over three in any carriage drawn by a less number than four such horses or beasts, two pence, currency ; provided always, that the rates of ferriage as above, shall be those authorized to be demanded, MONTREAL AND CHAMBLY TURNPIKE ROADS. 631 'taken, p^id for and recovered in case of the ferry being for a •distance under two miles, but may be double the respective amounts of the same at the discretion of the trustees should the said ferry be for a distance exceeding two miles; provided further, that it shall be competent to the said trustees to estab- Trustees may lish reasonable rates of ferriage for all grain, flour, oatmeal, ^^^^^^^f' meat, plank, boards and other lumber, and for all other goods, riageforv^^ wares and merchandise, not forming the load or part of the load "ous articles, •of any of the above mentioned carriages or beasts ; which tolls or rates shall be applied to the sjime pui-poses and in like man- ner as the tolls on the said turnpike-road are hereby authorized to be applied ; provided always, that the said trustees shall be -at liberty from time to time, with the sanction and approval of Tables of the the Governor of this Province, to reduce the said tolls or rates, [e affixed in*° or any of them, and again to raise the same, provided they be coniiplcuous not at any time raised beyond the rates hereinbefore mentioned pl^^es. and authorized ; and provided further, that the said trustees rshall cause tables of the tolls to be paid at the said ferry, and the regulations under which they are to be collected, to be plainly and legibly printed and affixed in a conspicuous place in each decked vessel employed at such ferry, and may seize and detain any carriage, animal or thing on which any toll shall be due for ferriage, until such toll be paid.* 20. And be it further ordained and enacted, that the said The tolls may trustees may, if they think proper, commute the tolls on the ^^ commuted, said feny with any person or persons, by taking a certain sum •of money, either yearly or monthly, in lieu thereof.* 21. And be it further ordained and enacted, that if any Persona -wil- person or persons shall wilfully or maliciously cut, burn, sink '^"Px ''°™" J J. Til 1 T I • • mittmg cer- •or destroy any scow, boat, barge or vessel, or destroy or injure tain offences -any engine or machinery for propelling any scow, boat, barge *" ^^ g."il'y -or vessel, used by the said trustees in and upon the said ferry, meaner! ^' any carriage, animal or thing liable to toll, turn out of the; same, for the purpose of evading and so as to evade the pay- ment of toll at any turnpike-gate or toll-bar, such person or persons shall, for each such offence, incur a penalty not exceed- ing ten shillings, currency ; and the said trustees shall and may place turnpike-gates and toll-bars on and across the entrance^ of any passage or way leading into or from any of the said roads, in order to prevent such evasion of toll, and if any per- son shall forcibly pass or attempt to pass any such turnpike- gate or toll-bar as aforesaid with any carriage, animal or thing- on which toll shall be due without having first paid such toll,, such person or persons shall thereby incur a penalty not ex- ceeding forty shillings, currency, over and above such other punishment or penalty as might be lawfully awarded or im- posed according to the nature of the offence, if this ordinance had not been passed ; and shall moreover remain liable for the payment of such toll. 26. And be it further ordained and enacted, that if any per- son or persons, body politic or corporate, occupying or possess- ing any inclosed land or property near the said road shall (whether in the winter or at any other season) knowingly per- mit or suffer any person or persons to pass through such land or property with any carriage, animal or thing liable to the; MONTREAL AND CHAMBLY TURNPIKE ROADS. 633?' payment of toll on the said road for the purpose of eSvading on those per-' the payment of such toll, such person or persons so ofFending, ™'oid^g„°i, and the person or persons so unlawfully permitted to avoid plym4"t -. such payment, shall each and severally incur a penalty not exceeding ten shillings, currency, for each offence, and shall moreover become and be jointly and severally liable to the pay- ment of the tolls whereof the payment shall have been avoided. ST. And be it further ordained and enacted, that all penal- Penalties not ties imposed by this ordinance, and not exceeding forty shillings 40s^^how^to for each offence, may be sued for and recovered with costs, on be recoyered the oath of one or more credible witness or witnesses, before ^^^ dispose*; any justice of the peace for the district of Montreal, or for the territorial division within which the said road shall be, or for any minor local division within which the offence shall have been committed ; and such justice of the peace may, on con- viction, commit the offender or offenders to the common gaol, for a period not exceeding two weeks for each offence, or until the penalty and costs be paid ; and one moiety of all such penalties shall belong to the informer and the other moiety to the said trustees, for the purposes of this ordinance ; provided always, that if the informer renounce all claim to any portion of the penalty, he shall be a competent witness, and the whole of the penalty shall in such case belong to the said trustees for the pui-poses of this ordinance. 28. Provided always, and be it further ordained and enacted. Persons com- that each and every person committing any offence against the ™ffen "p| also provisions of this ordinance shall, in addition to any penalty to be liable. imposed by it for such offence, be liable to the said trustees for all damages they may have sustained by reason of such offence. 29. And be it further ordained and enacted, that no person Certain per- shall be deemed incompetent to give evidence, or be disquali- ^e°^ed*in- ^^ fied from giving testimony or evidence in any action, suit, pro- competent to- secution or other legal proceedings to be brought or had in any giveevidencer court of law, or before any justice orjusticesof the peace under instituted or by virtue of this ordinance, by reason of his being one of the andev this said trustees or their creditor, or of his or her having any pri- 0™'"^"'=^. vileged claim on the tolls collected under the authority hereof or in any funds in the hands of the said trustees, or a farmer, lessee or collector of such tolls, or a clerk or surveyor, or other officers of the said trustees, nor shall such testimony or evi- dence, for any of the reasons aforesaid, be rejected or liable to be questioned or set aside, provided such person has no other and more immediate and direct interest in the penalty sued for, or in the event of the suit, action, trial, prosecution or pro- ceeding in which his or her evidence shall be given or offered. 30. And be it further ordained and enacted, that if any Trustees, &c., trustee, treasurer, clerk, surveyor, collector or other officer of "°>„'°; ^^'j""?"* the said road to be appointed under this ordinance, shall become, gurety to any or be a party, either directly or indirectly, as principal or, as contract, or 684 MONTREAL AND CHAMBLY TURNPIKE ROADS. lessee of the surety to any contract for making, improving or repairing, or for supplying materials for making, improving or repairing the said road, or for any work or virorks belonging thereto, or to the ferry hereby authorized to be established, or shall become or be a farmer or lessee of the tolls on the said road or ferry, every such trustee, treasurer, clerk, surveyor, collector, or other officer so offending shall, for every such offence, forfeit and pay the sum of fifty pounds to Her Majesty for the public uses of the Province, or to any person who shall sue for the same, to be recovered with full costs of suit in any of Her Majesty's courts of record having original civil jurisdiction to the amount, by information or by action of debt, or on the case. ?a™f ii'is^oo ^^ ^^^ ^® ^* further ordained and enacted, that it shall be '*y loan. ' lawful for the said trustees, as soon after the passing of this ordinance as may be expedient, and for the purposes of their said trust, to raise by way of loan on the credit and security of the tolls by this ordinance authorized to be levied, and of other moneys which may come into the possession and be at the dis- posal of the said trustees, under and by virtue of this ordinance, and not to be paid out of, or chargeable against the general revenue of this Province, any sum or sums of money not exceed- ing in the whole fifteen thousand pounds, currency ; and out of the moneys so raised, as well as out of the other moneys which shall come into their hands, and which are not hereby directed to be applied solely to one special purpose, it shall be lawful for the said trustees to defray any expenses they are hereby authorized to incur for the purposes of this ordinance.* Debentures ■shearing in- 'terest to be dsBued for ijaid loan. 32. And be it further ordained and enacted, that it shall and may be lawful for the said trustees to issue debentures in the form to be approved of by the Governor of this Province, for the said sums by this ordinance authorized to be raised, and such debentures shall respectively bear interest at the rate therein mentioned until redeemed ; and such interest shall be payable semi-annually, and may, at the discretion of the trus- tees (but with the express approval and sanction- of the Governor of this Province, and not otherwise), exceed the rate of six per centum per annum, any law to the contrary not- withstanding, but shall be the lowest rate at which the sum or sums to be borrowed on such debentures shall be offered or can be obtained ; and the said interest shall be paid out of the tolls to be levied on the said roads or ferry by virtue of this ordi- nance, or out of any other moneys at the disposal of the trus- tees for the purposes of their trust ; but if the said tolls and and other moneys shall not at any time be sufficient to pay the interest then due, it shall and may be lawful for the Governor of this Province for the time being, by warrant under his hand, to authorize the sum necessary to meet the deficiency to be advanced and paid by the Receiver General of this Province to the said trustees from and out of the unappropriated moneys in ^iS as to loans : 8 V., t. 56, s. 3. MONTREAL AND CHAMBLY TURNPIKE ROADS. 635 his hands; and such advances shall be thereafter accounted for by the said trustees and repaid to the said Receiver General of this Province from and out of the tolls to be levied, or other moneys -which shall come into their hands by virtue of this ordinance for the purposes thereof, and being so repaid, shall remainin the hands of the Receiver General at the disposal of the legislative authority of this Province.* 33. And be it further ordained and enacted, that over and The truatees above the sums which the said trustees are authorized, by the S^^^^'^t^tn*^* preceding sections ot this ordinance, to raise by way of loan, it paj off the shall be lawful for the said trustees, at any time and as often P"°cipal of . ..,.,•' 1 1. ,1 any loaa be- as occasion may require, to raise m like manner such further coming due at sum or sums as may be necessary to enable them to pay off the ^. certain principal of any loan which they may have bound themselves '™''' to repay at any certain time, and which the funds in their hands, or which will probably be in their hands at such time, and applicable to such repayment, shall appear insufficient to enable them to repay ; provided always, that any sum raised under the authority of this section shall be applied solely to the purpose herein mentioned, that no such sum shall be bor- rowed without the approval of the Governor, Lieutenant- Governor, or person administering the Government of this Prov- ince, and that the whole sum due by the said trustees, under debentures then unredeemed and issued under the authority of this ordinance shall in no case exceed twenty thousand pounds, currency ; and all the provisions of this ordinance touching the terms on which any sum shall be borrowed under the authority thereof by the trustees, the rate of interest payable thereon, the payment of such interest, the advance by the Receiver General of the sums necessary to enable the trustees to pay such interest, and the repayment of the sums so advanced, shall be extended to any sum or sums borrowed under the authority of this section.* 34. And be it further ordained and enacted, that if any Persons coun^ person or persons shall forge or counterfeit any such debenture tentures^or *' as aforesaid, or any signature, indorsement or writing thereon attempting t» or therein, or tender in payment any such debenture, or any g„o^^^in^ debenture with such counterfeit signature, indorsement or thembecoun- writing thereon or therein, or shall demand the payment of *^^ft'^of*°''* any sum of money theraby secured, or of any interest thereon, felony. knowing such debenture, or the signature, indorsement or ■writing thereon or therein to be forged or counterfeited, with intent to defraud the said trustees, or any other person or persons, body or bodies, politic or corporate, such person or persons so offending shall be guilty of felony, and shall be liable to suffer punishment accordingly. 35. And be it further ordained and enacted, that if at any When the in- time after the said debentures or any of them shall have **'^^* °° '^*- • See as to loans : 8 V-, c 56, s. 3. 636 MONTREAL AND CHAMBLY TURNPIKE ROADS. bentures shall become due and payable according to the terms thereof, notice cease to ac- ghaU be inserted three several times, at intervals of not less than one month apart, in one of the newspapers published in , the city of Montreal, and in the Quebec Gazette published by authority, requiring all holders of such debentures to present the same at a place or places in the said notice to be specified, for payment, all interest upon any debenture then payable, which shall remain out more than six months from the first insertion of such notice in such newspaper and gazette, shall cease to accrue from the end of the said six months. Debentures 36. Provided always, that nothing herein contained shall ™^y''|^"_ prevent the said trustees from voluntarily redeeming any fore the time debenture with the consent of the lawful holder thereof, at any they are made time before such debenture shall have been made redeemable, re eema e. ££ ^j^^ gtate of the funds of the said trustees shall warrant such redemption with advantage to the public interest, and if the said trustees shall obtain the approval of the Governor to such redemption. Application 3T. And be it further ordained and enacted, that the due to be^™-""^^^ application of all public moneys whereof the expenditure or counted for. receipt is authorized by this ordinance shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form eis Her Majesty, Her Heirs and Suc- cessors shall be pleased to direct.* Trustees 38. And be it further ordained and enacted, that the said taiied'ac- ^^' trustees shall lay detailed accounts of all moneys by them counts of their received and expended under the authority of this ordinance, ^"^T^^ w'^^h supported by proper vouchers, and also detailed accounts of all the same. their doings and proceedings under the said authority, before such officer, at such times, and in such manner and form, and shall publish the same in such way, at the expense of the said trustees, as the Governor shall be pleased to direct. The word ^^ 39. And be it further ordained and enacted, that the word ' definld!^'^"'^ " Governor," in this ordinance used, is to be understood as com- prehending and meaning the Governor, the Lieutenant-Gov- ernor, or person administering the Government of this Province. This ordin- 40. And be it further ordained and enacted, that this or- *°bli*° ^* * dinance shall be a public ordinance, and as such shall be taken notice of, held and allowed in all courts and elsewhere, and by all judges, justices, and persons whomsoever, without being specially pleaded. * See as to rendering of accounts ; 8 V., c. 56, s. 4. MONTREAL AND CHAMBLY TURNPIKE ROADS. 687 41. And be it further ordained and enacted, that this or- Andismad* dmance shall be a permanent ordinance, and shall be in force P«'"°""»ent. until repealed or altered by competent authority. SYDENHAM. Ordained and enacted by the authority aforesaid, and passed in Special Council, under the Great Seal of the Province, at the Government House, in the city of Montreal, the twenty-seventh day of January, in the fourth year of the Reign of Our Sovereign Lady Victoria, by the Grace of God, of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord, one thousand eight hundred and forty-one. By His Excellency's Command, W. B. Lindsay, Clerk Special Council. 'Note.— -This chapter, which is of public interest as affecting oil turnpike roads, is reproduced in chapter 86 Consolidated Statutes of Canada, which, as amended by 23 V., c. 69, is repro- duced in articles 2970 and 3503 of the Revised Statutes of Quebec, hut the said chapter is reprinted here as a reference. 7 VICTORIA, CHAPTER 14 (Canada.) An act to exempt vehicles conveying manure from the cities and towns of the Province, from the payment of tolls on turnpike roads, and for the purposes therein mentioned.* [9th December, 1843.] WHEREAS, as well for the encouragement of agriculture as Preamhle. for promoting the cleanliness and health of the several cities and towns in this Province by the removal of the filth and rubbish thereof, it is expedient that vehicles carrying manure from said cities and towns to the farms in the vici- nity thereof be free from toll at turnpike-gates ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis- lative 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 See as to exemptions : 4 V., c. 16, B. 10 ; 12 V., c. 25, and 33 V., c. 34. 638 MONTREAL AND CHAMBLY TURNPIKE ROADS. Britain and Ireland, intituled : " An act to re-v/mte the Prov- inces of Upper and Lower Canada, and for the Oovervvment Vehicles la^ of Canada ; " and it is hereby enacted by the authority of the den with sole- game, that each and every vehicle laden solely with manure, brought from brought from any city in Lower Canada, or from any city or cities an d incorporated town in Upper Canada, and employed to carry ProvL'ce '^ *'^^ same into the country parts for the purposes of agriculture, exempt from and their horse or hdrses or other beast or beasts of draught. Dikes' whhin ^^^^^^ such vehicle, shall, from and after the passing of this- twenty miles act, pass toU free through any turnpike-gate or toll-gate on oF such cities any turnpike road within twenty miles of such city or town, as well in going from such city or town as in returning thereto, if then empty, whether such turnpike road and the tolls there- on belong to the Province, or to any local or municipal author- ity or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated company, or to any other bodj', person or persons whatsoever, and any statute, or- dinance or law to the contrary notwithstanding. No toll to be 2. And be it enacted that all persons going to or returning collected on^ from Divine Service on any Sunday or obligatory holiday, in persons going Or upon and with their own carriages, horses or other beasts to church. of draught, shall, as shall also their families and servants being in or upon and with such carriages, horses or beasts of draught, pass toll free through any turnpike or toll-gate on any turnpike road in this Province ; anything in any act, ordinance or law to the contrary notwithstanding. No toll to be 3. And be it enacted, that no vehicle, laden or unladen, horses charged on a qj. cattle belonging to the proprietor or occupier of any lands one part of a divided by such turnpike road as aforesaid, shall be liable to person's land toll on passing through any toll-gate on such road (at what- witiiin half a ever distance the same may be from any city or town), for the mile. sole purpose of going from one part of the lands of such pro- prietor or occupier to another part of the same ; provided such vehicle, horses or cattle do not proceed more than half a mile along such turnpike road, either in going or in returning, for farming or domestic purposes only. Act not to 4. Provided always, and be it enacted, that nothing in the extend to any foregoing enactments of this act shall extend or be construed bridge. to extend to any toll-bridge, the tolls on which are vested ia any party other than the Crown. MONTREAL AND CHAMBLY TURNPIKE ROADS. 63^' 8 VICTORIA, CHAPTER 56. (Canada.) An act to amend and extend the ordinance relat- ive to the turnpike road from Montreal to Chambly. [29tk March, 1845.] WHEREAS it is expedient to amend a certain ordinance Preamble, passed in the fourth year o£ Her Majesty's reign, in tit- dinanci."*^ "'^^ uled : " An ordinance fur establishing and maintaining better tneans of communication between the city of Montreal and Chambly ; " Be it therefore enacted by the Queen's Most Ex- cellent Majesty, by and with the advice and consent of the Legislative Council and 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 Government of Canada," and it is hereby enacted by the authority of the same, that, in addition to the road to and Powers of over which the provisions of the said ordinance and the powers t™^*e^^ ^^' of the trustees therein mentioned are extended by the third section thereof, the said provisions and powers shall be and are hereby extended to the road hereinafter mentioned, as fully as if the said road was expressly mentioned and included in the said third section, or as if the said powers and provisions were embodied in this act, and hereby re-enacted with reference to the said road, that is to say : a road along the Basin of Cham- bly, from the horse-boat ferry on the said Basin of Chambly, to the plank road leading to the fort of the Canton of Chambly.* 2. And be it enacted, that the said road shall, with regard Rates of toll to the tolls to be levied and collected thereon, be held and con- *°j^ ^^^^ *"* sidered as forming one continuous road with the three several roads mentioned in the second section of the said or- dinance, and tolls shall be levied thereon, bearing the same proportion to the tolls levied at the toll-gates on the roads mentioned in the said ordinance, as the length of the road to be made under this act shall bear to the total length of the roads made under the said ordinance, and such tolls shall be levied, and may be altered and modified under the same pro- visions and regulations as the tolls levied under and mentioned in the said ordinance. 3. And be it enacted, that it shall be lawful for the trustees Trustees mar appointed under the said ordinance, to raise by way of loan, at ^/ooo^and any rate of interest not exceeding six per cent., but on the iggie deben- most advantageous terms in their power, a further sum of four tures. • See as to trustees and their control : 4 V., c. 16, ss. 1, 2, SandTjand 13-UV., c. 106, SB. 1, 2 and 3. €40 Accounting •clause. MONTREAL AND CHAMBLY TURNPIKE ROADS. thousand pounds currency, to which loan and the debentures and other matters incident thereto, all the provisions of the said ordinance in like matters shall be and are hereby ex- - tended, except in so far as other provision is herein made ; and the sum so borrowed shall be applied by the said trustees to the payment of any debt by them contracted in making the road mentioned in the said ordinance, and of the expenses of planking and otherwise improving the road to which their powers are extended by this act ; and that it shall be in the power of the said trustees to reduce the number of turnpike- gates and toll-bars tO\the number of two on the said road. 4. And be it enacted, that the due application of all public moneys advanced under the authority of this act shall be ac- counted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury, in such manner as Her Majesty, Her Heirs and Successors shall direct. Note. — The following chapter, which is of public vnterest as affecting turnpike roads, was repealed by the act 16 V., c, 190, and has not been reproduced in the Consolidated Statutes of Canada, but is printed here as a reference. 12 VICTORIA, CHAPTER 25. (Canada.) An act to exempt naval and military officers and others on duty in Her Majjesty's service, from I the payment of toll upon any turnpike road in this Province.* [30th May, 1849.] Preamble. TTJTHEREAS it is expedient that all persons in the naval or ' ' military service of Her Majesty, on actual duty, should be exempt from toll on all turnpike roads in this Province, when passing any turnpike-gate with their horses and car- riages ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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 all persons in the naval or military service of Her Majesty, on actual duty, travelling on any road con- structed or to be constructed under the authority of an act passed during the present session of the present Parliament, ! as *o exemptions : 4. V., c. 16, s. 10 ; 1 V., c. 14, and 33 V., c. 31. MONTREAL AND CHAMBLY TURNPIKE ROADS. Ml intituled : " An act to authorize the formation of joint stock -companies, for the construction of roads and other works in Upper Canada," or under the authority of any other act of the Parliament of this Province, in discharge of such duty, with their horses and carriages, and all horses, carts, car- riages, or waggons in charge of any such persons conveying -any naval or militaiy stores belonging to Her Majesty, in the course of transport from one place to another for Her Majestjr's service, shall pass the gates set up across all such roads free of toll ; anything in the said act or any other act -or law in force in this Province to the contrary notwithstanding. 13-14 VICTORIA, CHAPTER 103. (Canada.) An act to authorize the exchange of certain turn- pike road debentures for others of the same value, but being respectively for smaller sums. [lOth August, 1850.] WHEREAS a considerable amount of the debentures issued Preamble, by the trustees of the roads hereinafter mentioned are respectively for sums too large to be sold or conveniently assigned over, as debentures for smaller sums might be advantageously be ; 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 Jot the Government of Canada," and it is hereby enacted by Debentures ef the authority of the same, that for and notwithstanding any- *;V^tee3^of^ thing in any act or ordinance to the contrary, it shall be law- pike roads ful for the trustees of the Montreal Turnpike Roads, the "j^^? '^^j*^;^ trustees of the Quebec Turnpike Roads, and for the trustees other?for*' of the Longueuil and Chambly Turnpike Road, respectively, smaller sums -at any time within three years from the passing of this act, to ^^"^• exchange any of their debentures for debentures amounting in the whole to" a like sum, but being respectively for such sums not less than five pounds each as the now holders thereof may ■ require, bearing the same rate of interest to be reckoned from and payable at the same times, and having the same rank and priority of claim as the debentures for which they are exchanged, which last shall be cancelled and kept by the trustees by whom the new debentures shall be issued, and a memorandum shall be made upon them of the debentures for which they are ex- changed, and the new debentures shall also be marked as haying . been issued in exchange for such cancelled debentures ; provided Proviso, always that the new debentures issued under this act shall not be made payable at an earlier date than the debentures in ex- change for which they shall have been issued. 41 642 MONTREAL AND CHAMBLY TURNPIKE ROADS. 13-14 VICTORIA, CHAPTER 106. (Canada.) An act to place the Longueuil and Chambly Turn- pike Eoad under the control of the Commis- sioners of Public Works. [lOth August, 1850.] PreamWe. TTTHEREAS it is expedient that the turnpike road herein- ' ' after mentioned should be placed under the control of th& Commissioners of Public Works ; Be it therefore enacted by th& Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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 in- tituled : " An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby The roads enacted by the authority of the same, that for and notwith- deacribed m 4 standing anything to the contrary contained in the ordinance in 8 v., c. 56, of the Legislature of Lower Canada, passed in thg fourth year transferred of Her Maiestv's reisTi, intituled : "An ordinance for establish- from trustees . ? • j • • i, j^ j: • j- i. j to Commis- ^''^3 '^'^d mavntavmng better means of commumcat%on between si oners of the city of Montreal and Chambly" or in the act of the Par- PublicWorks. jjament of this Province, passed ih the eighth year of Her Majesty's reign, and intituled : " An act to amend and extend the ordinance relative to the turnpike road from Montreal to Chambly," the four several roads in the said ordinance and act mentioned and described, shall be and they are hereby trans- ferred from the control of the trustees appointed under the- provisions of the said ordinance to that of the Commissioners^ of Public Works.* Powers, &c., 2. And be it enacted, that from and after the passing of this of ti'nstees ag^^ all the official powers, rights, duties, obligations and liabil- commission- ities as such, of the persons holding office, as trustees under the era. said ordinance, shall cease and determine as to such persons and each of them, and shall thereupon immediately become and be vested in and imposed upon, and shall be exercised and enjoyed, and borne, discharged, fulfilled, and incurred by the Commissioners of Public Works, in as full and ample a manner to all intents and purposes whatsoever, as if they had been ex- pressly named in the said ordinance and act, and as if every- thing, since the passing thereof, lawfully done by the trustees of the Longueuil and Chambly Turnpike Road as such, under and in virtue of the provisions thereof, had been done by the said Commissioners of Public Works. Property of 3. And be it enacted, that all and every the real and per- of trustees as gonal property under the provisions of the said ordinance and * See a,s to trustees and their control : 4 V., c. 16, ss. 1, 2, 3 and 7, and 8 V'., C.56, s. 1. MONTREAL AND CHAMBLY TURNPIKE ROADS. act, or either of them, since the passing thereof, lawfully ac- snch, rested quired by, and at the time of the passing of this act, in the -egu 'fte?" possession and the property of the trustees of the Longueuil and Chambly Turnpike Road, shall be and the same is hereby vested in Her Majesty, and shall be under the control of the Commissioners of Public Works as aforesaid. Note. — The follmving chapter, which is of public intere,st as affecting all turnpike roads, is reproduced in article 3602 of the Revised Statutes of Quebec, but is printed here as a reference.^ 33 VICTORIA, CHAPTER 34. (Quebec.) An act to exempt ministers of religion, in the performance of their duties, from the payment- of tolls on bridges and roads.* [Assented to 1st February, 1870.]; HER MAJESTY, by and with the advice and consent of the- Legislature of Quebec, enacts as follows : 1. All ministers of religion going to perform, or returning Ministejg af from the performance of any act or duty appertaining to the religion, in exercise of their ministry, and all vehicles and animals actually of theirdntiea being used by them, in so going or returning, shall pass toll may pass toll, free through every turnpike or toll-gate on any turnpike road tu^^pik»•^^ or bridge through which they may have occasion to pass, roads and whether such turnpike road or bridge and the tolls thereon bridges. belong to the Province or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated company, or to any other body or person. TURNPIKE ROAD COMPANIES. Terrebonne road 25 V., c. 76, and 37 V., c. 29. Longueuil andBoucherville road. Letters-patent 10th June, 1870. St. Hubert and Boucherville road. " 6th June, 1870. St. John and Lacadie road " 23rd Dec, 1871. Dorval road " 10th Jan., 1873. Pointe Claire road " 30th March, 1880. St. Brigide Swamp-road " 9 February, 1880. Huntingdon road. 9 V., c. 84. Isle J^sus road 25 V., c. 77, and 45 V., c. 60 (Quebec). • See&B to exemitions: 4 V., c. 16,*. 10 ; 7 V., c. 14, and 12 Y-r c. .25. OF KEFERENCES RELATIVE TO STATUTES OP LOCAL INTEKEST, IN THIS PROVINCE (From 1777 to 1888 inclusively). Note. — The statutes are entered, as a rule, under the name of the place to which they rkfer and, in many instances, u/nder iAeir most important titles. Remark. — The acts printed in rom,an letters are within provincial jurisdiction, those printed in italics are within ..-federal jurisdiction, and do not comprise those passed since Confederation. Acadje, county of, (place of election). . . 2 W. 4, c. 46. Acton, township of, (surveys) 25 V., c. 53. Acton and Upton, (registration of titles) 22 V., c. 38 (1858). Acton: Vale, village of, (boundaries) .... 24 V., c. 72. Administration of justice in Gaspe. .see Gasp6. Administration of justice in the Mag- dalen Islands see Magdalen Islands. Agricultural Society of Chicoutimi and Saguenay see Chicoutimi and Sa- guenay. Aid to sufferers by fii'e, Quebec see Quebec. Anticosti, light-house on Island of ... . 10-11 Geo. 4, c. 13. . . . 1 W. 4, c. 12. Argenteuil, county of, (limits) 44-45 V., c. 30. Argenteuil, (parishes erected in) 14-15 V., c.l36. Armagh, township of, (annexation). ... 22 V., c. 11 (1858). Arthabaska, circuit changed 18 V., c. 168. Arthabaska, county of, (municipal and parish limits^ 41 V., c. 26. Arthabaska, coutity of, (municipalities). 27-28 V., c. 65. Arthabaska, parish of St. Norbert, (mu- nicipal proceedings ratified) 20 V., c. 135. Arthabaskaville, village of, (incorpora- tion) .••.••••• 22 v., c. 109 (1858). Arthabaskaville, village of, (limits al- tered) 51-52 v., c. 33. ALPHABETICAL TABLE OF REFERENCES. 848 Assurances of fabriques, Montreal and St. Hyacinthe, see those words. Aston, township of, (annexation) 25 V., c. 50. Aubert Gallion, (registers destroyed). . . 22 V., c. 66 (1859). Aylmer, schools at 25 V., c. 80, s. 5. Aylmer, township of, (annexation) . 29-30 V., c. 66. Aylmer, village of, (tavern licenses set apart for court-houses and gaols). . . . 14-15 V., c. 63. B Bagot, township of, (annexation) 22 V., c. 61 (1859). Bagot, township of, (division) 22 V., c. 69 (1859). Bagotville, village of, (incorporation) . . 39 V., c. 45. Baie du Febvre, common of 2 Geo. 4, c. 10. 4Geo. 4, c. 26. 16 V., c. 61. 16 V., c. 150. 40 V., c. 28. Baie St. Paul, roads to 5 Geo. 4, c. 28. 6Geo. 4, c. 32. Beauce, county of, (division lines) 42-43 V., c. 48. Beauhamois, (charter of town granted).. 27 V., c. 21. (charter amended) 38 V., c. 77. " (charter amended) 47 V., c. 86. Beauharnois, Godmanchester and St. Anicet, (lines of roads established).. . 20 V., c. 119. Beauhamois, Seigniory of, (division lines) 33 v., c. 40. Beaumont, (annexation) 36 V., c. 35. Belair, Seigniory of, (annexation) 31 V., c. 29. Bellechasse, county of, (annexation) . . 39 V., c. 43. " " (annexation of Armagh). ... 22 V.,c. 11 (1858). " " (annexation of Beaumont). . . 36 V., c. 35. (division lines). 42-43 V., c. 49. Berthier, (charter of town granted) .... 29 V., c. 61. " (charter amended) 35 V., c. 35. " (charter amended) 40 V., c. 48. (charter amended) 47 V., c. 88. Berthier, common of . 23 V., c. 85. . Berthier, county of, (division) 13-14 V., c. 110. ; (limits altered) 32 V., c. 47. (municipalities).... 12 V., c. 123. Berthier, parish of Ste Genevieve, (an- nexation) 40 V., c. 37. Blairfindie, (road) 22 V., c. 37 (1858).', Blandf ord, parish of Ste. Marie de, (erec- tion).... 35 v., c. 20. C.S.L.C.,c. 15,8.109: ^46 ALPHABETICAL TABLE OF REFEaiENCES. Boards of Examiners for schools. Oasp6 Kamouraska ; Montreal Ottawa. Quebec Sherbrooke Stanstead Three Rivers Bolton, township of, (division) 40 V., c. 35. Bolton and Magog, townships of, (parti- tion of lands) 20 V., c. 139. Boucherville, common of 1 Geo. 4, c. 17. Boroughs and villages, police in 58 Geo. 3, c. 16. 4 Geo. 4, c. 2. 6 Geo. 4, c. 27. Bread, price of, Quebec and Montreal . . 17 Geo. 3, c. 10. Bridges and roads in cities and towns. . 13-14 V., c. 15. Bristol, township of, (side lines) 27 V., c. 34. Broughton, township of, (annexation) . . 29-30 V., c. 68. (annexation). . . 38 V., c. 31. Buckingham, township of, (concession lines) 29-30 V., c. 67. Bulstrode, township of, (surveys) 29 V., c. 63. C Cap Chat and Ste. Anne des Monts, establishments, (annexation) 16 V., c. 30. Cap des Rosiers, township of, (division) 33 V., c. 43. Caxton, township of, (annexation) 47 V., c. 40. Chambly Canal 58 Geo. 3, c. 18. 3 Geo. 4, c. 41. 3 W. 4, c. 30. 4 W. 4, c. 11. 4 W. 4, c. 36. 2 v., c. 61. " ' 3-4 v., c. 20. Ohambly, turnpike road from Longueuil to see Longueuil. Champlain, county of, (boundaries) .... 40 V., c. 35. Charlevoix, " (division) 22 V., c. 34 (1858). " " (division line with Montmorency). 42-43 V., c. 47. " " (registration of titles) 22 v., c. 35 (1858). Oh^teauguay, county of, (limits changed) 32 V., c. 46. " (transfer of registered deeds from county of Huntingdon) 20 V., c. 118. Chatham, township of, (division) 19-20 V., c. 105. Chester, township of, (division) 22 V., c. 39 (1858). Chester East, township of, (division) ... 34 V., c. 32. Chester West, township of, (annexation) 47 V., c. 39. (lines) 45 v., c. 46. ALPHABETICAL TABLE OF HEFERfiNCES. 647 •Chicoutimi, (charter o£ town granted) . . Ohicoutimi, county of, (agricultural so- ciety) " (new municipal- ities) " " (registration di- / vision) Chicoutimi and Saguenay, (agricultural society) •Circuit Court in Lotbiniere " Richmond see " Stanstead, see Cities and towns, light, &c., in City of Hull, see Montreal " Quebec " " Sherbrooke " St. Hyacinthe " Three Rivers " Clarendon, township of, (side lines) .... Coaticook, town of, (charter granted) . . Commissioners' Court at H6bertville. see Common of Bale du B^ebvre " Berthier " Boueherville " Grosbois " Laprairie " L'Isledu Pads " Longueuil " Riviere du Loup " Maskinong^ " Montreal " Ste. Anne de la Perade . . " St. Frangois du Lac " Three Rivers " Varennes " Yamaska " Compton, county of, (division lines) .... C6te St. Antoine, village of, (erection). . •Cdte St. Paul, parish, (erection) •Counties, Courts of Justice in County of Acadie see " Argenteuil " Arthabaska " Beauce " Bellechasse " " Berthier " " Champlain " " Charlevoix " " Ch^teaugiiay . . 42-4I3 v., c. 61. 27 v., c. 25. 19-20 v., c. 71. 36 v., c. 21. 27 v., c. 25. 9 v., c. 25. Richmond. Stanstead. 3 Geo. 4, cc. 5 and 6. 5 Geo. 4, c. 1. 7 Geo. 4. c. 12. 9 Geo. 4, c. 30. Hull. Montreal. Quebec. Sherbrooke. St. Hyacinthe. Three Rivers. 23 v., c. 83. 51-52 v., c. 90. H^bertville. Bale du Febvre. Berthier. Boueherville. Grosbois. Laprairie. Isle du Pads. Longueuil. Riviere du Loup. Maskinong6. Montreal. Ste. Anne de la Parade. St. Fran9ois du La,c, Three Rivers. Varennes. Yamaska. 42-43 v., c. 48. 48 v., c. 73. 41 v., c. 28. 3-4 v., c. 14. Acadie. Argenteuil. Arthabaska. Beauce. Bellechasse. Berthier. Champlain. Charlevoix. Chl,teauguay. •48 ALPHABETICAL TABLE OF EEFEKENCES. County of Chicoutimi see ChicoutimL Compton " Compton. " Dorchester. " Dorchester. Drummond " Drummond. Gasp6 " Gasp6. " Huntingdon " Huntingdon^ Joliette " Johette. " Levis " Levis. L'Islet " L'Islet. " Lotbini^re " Lotbiniere, " Megantic " Megantic. " Missisquoi " Missisquoi. " Montcalm " Montcalm. " Montmagny " Montmagny. " Montmorency " Montmorency. " Napierville " Napierville. Nicolet " Nicolet. Ottawa " Ottawa. ' " Portneuf " Portneuf. " Quebec " Quebec, " Eimouski " Rimouski. " Saguenay " Saguenay. " Sherbrooke " Sherbrooke. Ste. Anne des Monts " Ste. Anne des Monts^ " Stanstead " Stanstead. " Two Mountains " Two Mountains. Wolfe " Wolfe. " Yamaska " Yamaska. Court-House, Quebec " Quebec. Courts of justice at Montreal " Montreal. Courts of justice at St. Fran5ois. ... " St. Fran5ois. Cox, township of, (division) 40 V., c. 43. Crane Island, ^^municipality of St. An- toine) 12 V., c. 125. part detached 22 V., c, 8 (1859). Cul-de-Sac at Quebec see Quebec. Custom-House at Quebec " Quebec. D Deguire and Brompton, roads in 9 Geo. 4, c. 19. Deux Montagues see Two Mountains., Doncaster, township of, (annexation). . . 46 V., c. 36. Dorchester, county of, (registration di- vision No. 2) . . 36 v., c. 32. (division lines). . . 42-43 V., c. 49. Dorval, road, letters-patent 10th Jan- uary, 1873 Drummond and Arthabaska, (municipal- ities in) 27 v., c. 27. Drummond, county of, (municipal coun- cil) 14-15 v., c. 28. ALPHABETICAL TABLE OF REFERENCES. tiif Drummond, county of, (municipalities erected) 12 V., c. 122. " " (parishes bound- ed) 41V., c. 26. Duchesne, river, (improvement) 12 V., c. 155. 13-14 v., c. 111. 14-15 v., c. 29. Durham, Indian lands in 18 V., c. 167. 19-20 v., c. 4. 23 v., c. 82. Durham, township of 34 V., c. 33. E Elgin, township of, (erection) 12 V., c. 134. Ely, township of, (surveys) 29 V., c. 64. Erection of parishes C. S. L. C, c. 18. Commissioners appointed at Ka- mouraska before 22 V., c. 5.. .see C.S.L.C.,c.l8,s.44,§2^ Proceedings of commissioners before C. S. L. C, continued see C.S.L.C.,c.l8,s.44,§3. Establishment of Cap Chat and Ste. Anne des Monts 16 V., cc. 30 and 39. F Famham, (charter of town) 40 V., c. 47. amended 49-50 V., c. 52. Fermont, village, (erection) 22 V., c. 109 (1858). Fisheries, Gaspi see Gasp6. Fisheries, Labrador and Gulf 16 V., c. 92. ' Franklin, township, (erection) 20 V., c. 120. Fraserville, (charter of town) 37 V., c. 47. amended 46 V., c. 80. Fraserville, (booksof reference corrected) 47 V., c. 36. Fraudulent seizures of lands in town- ships 6 W. 4, c. 26. G Gas, Montreal see Montreal. Gas, Quebec see Quebec. Gaspe, administration of justice 2 Geo. 4, c. 5. « " " 6 Geo. 4, c. 25. 10-11 Geo. 4, c. 51.- 2 W. 4, c. 50. « " « 6 W. 4, c. 54. « " " 2 v., c. 40. « " " 3-4 v., c. 4. «■ " " 7 v., c. 17. « 9 v., c. 13. 12 v., c. 40. 14-15 v., c. 19. ALPHABETICAL TAB1.E OF REFERENCES. Qaspd, Board of Examiners, meeting of. " Bay South, (division) " county, (acts rendei-ed valid) .... " fisheries gaoli s and court-houses . harbour marriages in new agricultural societies... proprietors in registers of civil status titles, deeds, &c., executed in. titles to property in , want of notaries in . KJodmanchester, to wnship,(division lines) ; i. " " (road lines). . . Orantham and Upton, townhips, (divi- sion lines) Grantham, township, (powers granted).. Orenville, township, (division lines) . . . ■Grosbois, common . Orosse-He, quarantine , Guigues, township, (erection). Gulf of St. Lawrence O.S.L.C.,c.l5,8.109. 29-30 v., c. 65. 32 v., c. 40. 47 Geo. 3, c. 12. 48 Geo. 3, c. 31. 52 Geo. 3, c. 4. 54 Geo. 3, c. 4. 4 Geo. 4, c. 1. 6 Geo. 4, c. 15. 9 Geo. 4, c. 42. 1 W. 4, c. 22. 6 W. 4, c. 57. 4-5 v., c. 36. 48 Geo. 3, c. 35. 54 Geo. 3, c. 9. 1 Geo. 4, c. 20. 7 Geo. 4, c. 15. 22 v., c. 62 (1859). 1 Geo. 4, c. 19. 20 v., c. 117. 10-11 v., c. 30. 2 W. 4, c. 51. 4 Geo. 4, c. 15, 1 W. 4, c. 23. 6 W. 4, c. 53. 3-4 v., c. 5. 7 Geo. 4, c. 1. 9 Geo. 4, c. 55. 6 W. 4, c. 52. 33 v., c. 40. 20 v., c. 119. 37 v., c. 18. 28 v., c. 81. 29-30 v., c. 85. 42-43 v., c. 46. 43-44 v., c. 31. 6 Geo. 4, c. 10. 9 Geo. 4, c. 32. 1 W. 4, c. 32. 40 v., c. 28. 6 W. 4, c. 21. 51-52 v., c. 34. 9 v., c. 60. H Halifax, township, (erection). 20 V., c. 133. (limits altered) 20 V., c. 134. Halifax North, township, (limits) 22 V., c. 67 (1859). Ham North and South, townships, (di- vision) 27 V.,c. 30. JSarbour, Montreal see Montreal. ALPHABETICAL TABLE OF REipteEENCES. 6811 Hare Island, (annexation) 45 V., c. 42. Hatley, township, (claim against) 12 V.' c. 134. Hfebertville, (commissioners' court).... 24 V., c. 75. Hemmingford, township, (division) ... 22 V,' c. 36 (1858). " " ... 25 V. c. 52. Hereford, township, (erection) 51-52 V., c. 35. Hochelaga, (charter of town) 46 V., c. 82. (name changed to MaisOn- neuve) 51.52 V., c. 89. Hochelaga, (school commissioners) 47 V., c. 30. village, (loan) 38 V., c. 71. Hochelaga and Three Rivers, (munici- palities) 9 v., c. 78. Hucksters, &c., Quebec and Montreal. . 17 Geo. 3, c. 4. Hull, (charter of city) 38 V., c. 79. " amended 39 V., c. 49. 42-43 v., c. 56. 46 V., c. 79. 48 v., c. 70. " (education) 38 V., c. 79, s. 81. 39 v., c. 49, s. 11. Recorder's Court 38 V., c. 77. 40 v., c. 27, s. 4. 42-43 v., c. 56. see also Federal Act 52 V., c. 37. Huntingdon, (correction of registered titles) 18 v., c. 170. Huntingdon, (registration division). . . . 13-14 V., c. 108. " (transfer of documents from county of ChS,- teauguay) 20 V., c. 118. Huntingdon, turnpike roads 9 V., c. 84. Iberville, (charter of town) 22 V., c. 64 (1859). amended 34 V., c. 40. 43-44 v., c. 63. 49-50 v., c. 48. 22 v., c. 70, s. 4; (education) 27-28 V., c. 144, s. 1. (school commissioners) 37 V., c. 21. (water-courses in district of). 29-30 V., c. 69. Ice-bridge, Quebec '. 2 W. 4, c. 49. Indian lands, Lorette 27-28 V., c. 69. Islands in Repentigny see Repentighy. Islands at Sorel see Sorel. Isle du Pq,ds, common ; 3 W. 4, c. 33. 22 v., c. 107 (1858). Isle J&iis, turnpike roads 25 V., c. 77. 45 v., c. 60. ■^2 ALPHABETICAL TABLE OF REFERENCES. Isles du Moine et des Barques, (admi- nistration) 27-28 v., c. 70. Isle Vaudry, (annexation) 38 V., c. 32. J Jeune Lorette, Indian lands 27-28 V., c. 69. Joliette, (charter of town) 27 V., c. 23. amended 39 V., c. 47. 47 v., c. 87. Joliette, county, (limits changed) 32 V., c. 47. ..... 33 v., c. 44. Judicial district of Kamoureiska see Kamouraska. Judgments of courts of St. Francis which no longer exist see St. Francis. K Kamouraska, Board of Examiners, meet- ing of C.S.L.C.,c.l5,s.l09. Kamouraska, commissioners for erection of parishes, appointed before 23 V., c. 5 see C.S.L.C.,c.l8,s.44,§2. Kamouraska, (chef -lieu changed) 44-45 V., c. 23. Kamouraska and Aylmer, (tavern licen- ces appropriated for court-houses).. . 14-15 V., c. 63. Kamouraska, (archives destroyed) .... 27 V., c. 26. " (municipal proceedings). . . 20 V., c. 138. Kamouraska, Ottawa and St. Francis, (sessions of the peace) 16 V., c. 201. Kennebec and Craig roads 5 Geo. 4, c. 31. Kildare, St. Ambroise de, (annexation) . 40 V., c. 38. (road) 5 Geo. 4, c. 29. Kingsey, township, (annexation) 50 V., c. 22. Kingsey Falls, municipality 27-28 V., c. 64. 29 v., c. 62. L Labrador and Oulf, (fisheries) 16 V., c. 92. L'Acadie, county, (place for elections) . . 2 W. 4, c. 46. " turnpike roads, letters-patent of 23rd Dec, 1871 5 Geo. 4, c. 19. Lachine Canal 6 Geo. 3, c. 4. ■' 9 Geo. 4, c. 12. " 55 Geo. 3, c. 20. " 59 Geo. 3, c. 6. " 1 Geo. 4, c 6. « 3 Geo. 4, c. 23. " " 4 Geo. 4, c. 16. " 10-11 Geo. 4, c. 9. " 2 W. 4, c. 23. " 4 W. 4, c. 12. ALPHABETICAL TABLE OF REFERENCES. S^ Lachine Ganal 6 W. 4 c. 22. Lachine, (charter of town). 36 V., c. 53. amended 38 V., c. 78. 45 V., c. 104. 48 v., c. 71. Lachine turnpike roads 45 Geo. 3, c. 11. " (change of debentures) 13-14 V.,'c. 103. Lachute, (charter of town) 48 V., c. 72. Lake St. John, (municipality divided). . 22 V., c. 70. (1859). Lake St. Peter, (improvement) 1 V., c. 26. Laprairie, common 2 Geo. 4, c. 8. 40 v., c. 28. turnpike road 36 V., c. 75. village, (extension) 49-50 V., c. 58. Laurentides, (charter of town) 46 V., c. 81. Laverlochere, township, (erection) 51-52 V., c. 34. Levis, (charter of town) 24 V., c. 70. amended 25 V., c. 48. 29 v., c. 60. 31 v., c. 52. 34 v., c. 41. 36 v., c. 60. 42-43 v., c. 57. 50 v., c. 58. 51-52 v., c. 81. Lights, night, and watch in cities and towns Light-houses, see Anticosti, St. Paul's Island. '3 Geo. 4, cc. 5 and 6. 5 Geo. 4, c. 1. ■ 7 Geo. 4, c. 12. [9 Geo. 4, c, 30. Lingwick, township, (surveys) 24 V., c. 78. L'Islet,county,(transfer of registry office) 12 V., c. 130. Lochaber, township, (division) 27-28 V., c. 67. Longueuil, (charter of town) 37 V., c. 49. amended 39 V., c. 46. 44-45 v., c. 75. 49-50 v., c. 47. 51-52 v., c. 85. common 10-11 Geo. 4, c. 29. Longueuil and Boucherville, turnpike road, letters-patent of 10th June 1870. Longueuil and Chambly,( turnpike roads) 4 V., c. 16. . . 8 v., c. 56. .. 13-14 v., c. 106. « (change of debentures) 13-14 Y., c. 103. see 12 v., c. 25, and 33 V., c. 34. Longueuil and St. Lambert, (annexa- tion; 38 v., c. 69. Lotbiniere, county, (annexation) 37 V., c. 20. " " " 39 v., c. 42. ~ " Circuit Court 9 V., c. 25. (municipalities) 12 V., c. 124. 464 ALPHABjBa^eAL TABLE OF EEFERENCESi LofbiniSrej parish, (p.id) 9 Geo. 4, c. 50;. " (registers destroyed) 14-15 V., c.l37. Lorette, Indian lands at ,.,.... 27-28 V., c. 69. M Haddington, township, (division) Maisonneuve, (charter of town) Magog, township, (partition of lands). . Magdalen Islands, (administration of justice) " " (division) " " (education) " " (justices of the peace) " " (municipal councils). Malbaie, township, (division) Manicouagan, peninsula, (leasing of ) . . . Markets at Montreal, see Montreal. " Quebec, see Quebec. " Three Rivers, see Three Rivers. Marriages at Gasp^, see Gaspe. Maskinong^, common Megantic, county, (registration division) Metg®^^i^6^*s North, township, (annex- ation) Missisquoi Bay Canal Missisquoi, county, (transfer of regist- ry office) Montcalm, county, (annexation) " " (limits changed). . . . Montmagny, (charter of town) " county, (annexation) Montmorency, county, (division lines). . Montreal, aid to sufferers by fire assessprs bread, price of cadastre No. 18, St. Lawrence street) cadastres charitable institutions charter . amended . 22 v., c. 40 (1858). 51-52 v., c. 89.. 12 v., c. 183. 20 v., c. 139. 4-5 v., c. 22. 37 v., c. 43. 46 v., c. 20, s. a. 10-11 v., c. 3. 9 v., c. 15. 40 v., c. 44. 49-60 v., c. 32. (9 Geo. 4, c. 41. 14-15 v., c. 134. 16 v., c. 237. 20 v., c. 215. 12 v., c. 129. 46 v., c. 39. 2 W. 4, c. 14. 16 v., c. 29. 36 v., c. 34. 33 v., c. 44. 46 v., c. 84; 46 v., c. 37. 42-43 v., c, 47. ri6 v., c. 25. [l6 v., c. 77. 9 Geo. 4, c. 16. 17 Geo. 3, c. 10. 44-45 v., c. 79. 38 v., c. 16. f 3 W. 4, c, 17. 1^4 W. 4, c. 17. I W. 4, c. 54. 3-4 v., c. 36. 4 v., c. 14. 8 v., c. 59. 9 v., c. 21. 9 v., c. 34. II v., c. 11. ALPHABETICAL TABLE OF REFERENCES. 6^- Montreal, charter consolidated amended u (loan for wa- ter-works). (Grand Trunk terminus) . . r-.f' see Temiscouata. Postes du Roi, exploration 6 Geo. 4, c. 34. Prison at Montreal see Montreal. " Quebec see Quebec. Q Quarantine at Grosse-Isle see Grosse-Isle. f 9 v., c. 62. 10-11 v., c. 35. 13-14 v., c. 101. 14-15 v., c. 22. ^16 v., c. 28. assessors 9 Geo. 4, c. 16. beaches and landing places at J q p ' .' ' „.' Q*^^^^^; l2W.\;.'9. bread, price of 17 Geo. 3, c. 10. charitable institutions 4 W. 4, c. 16. charter 1 W. 4, c. 52. " amended 3 W. 4, c. 6. 3-4 v., c. 35. 4 v., c. 31. 8V., c. 60. 9 v., c. 22. 14-15 v., c. 130. (water-works).. 16 V., c. 129. . . 18 v., c. 159. " " (mayor elected by citizens). . . 19-20 V., c. 69. (police) 20 v., c. 123. " 22 v., c. 30 (1858). " 22 v., c. 63 (1859). (water-works). . 23 V., c. 68. . . 25 v., c. 45. •Quebec, aid to sufferers by fire . ALPHABETICAL TABLE OF REFERENCES. 663 •Quebec, charter amended, (widening gates). 27-28 v., c. 159. " 29 v., c. 57. " 29-30 v., c. 57. " 31 v., c. 33. " 33 v., c. 46. " 34 v., c. 35. " 35 v., c. 33. " 36 v., c. 55. " 37 v., c. 50. " " " 38 y., c. 74. " 39 v., c. 51. " 40 v., c. 52. " 45 v., c. 100. " 50 v., c. 57. " 51-52 v., c. 78. city councillors 4 W. 4, c. 27. " contagious diseases 1 W. 4, c. 25. " contagious fevers 10-11 Geo. 4, c. 18. |'40 v., c. 4. " court-house, construction of \ 45 V., c. 26. (48 v., e. 16. ■" court of sessions of the peace. . . 37 V., c. 7. j'39 Geo. 3, c. 10. courts of justice 1 10-11 Geo. 4, c. 20. [2 W. 4, c. 39. " Cul-de-Sae 16 V., c. 234. ^ ^ „ flO-ll Geo. 4, c. 33. Uustom-liouse I 2 W 4 45 pO Geo. 3, c. 3. Dorchester Bridge -^48 Geo. 3, c. 10. [13-14 v., c. 102. See also turnpike roads. electoral division 41 V., c. 31. r31 v., c. 32. 32 v., c. 29. 33 v., c. 38. 39 v., c. 32. fires, inquiries into 18 V., c. 157. . ,.. ,. ' riO-ll Geo. 4, c. 4. forUjicanons i g_^ y ^ 27. gas light 9 v., c. 74. ^ [59 Geo. 3, c. 9. gunpowder \ 27-28 V., c. 56. ^ ^ [33 v., c. 37. (-22 v., c. 32 (1858). Harbour 4 25 V., c. 46. [29 v., c. 56. hucksters 17 Geo. 3, c. 4. ice-bridge 2 W. 4, c. 49. inquiries into fires 18 V., c. 157. interments in certain cemeteries. 23 V., cc. 70 and 71. judges of sessions 47 V., c. 9. " fire commissioner or marshal . 664 ALPHABETICAL TABLE OF REFERENCES. Quebec, lights and watches 68 Geo. 3, c. 2. " light, gas 9 v., c. 74. " limits, old, restored 6 V., c. 16. " loan for consolidating debt • • • 1 1 c v ' ^1 " Marine Hospital lO-ll' Geo. 4, c. 23. " markets /^^ ^^°- ^' "• ^• °'^''^^*® \9 Geo. 4, c. 53. h W. 4, c. 19. (new) i 2 W. 4, c. 13. [l6 v., c. 231. " mayor, election by citizens; . . . 19-20 V., c. 69. " monument at Ste Foye 27-28 V., c. 55. " national and free school 6 Geo. 4, c. 15. I. 4, cc. 16 and 17. Parliament House . police. prison . ■< ri w. \4 W. 4,cc. 22and24. 17 Geo. 3, c. 15. 7 v., c. 21. 9 v., c. 23. 14-15 v., c. 25. 20 v., c. 122. I20 v., c. 124. Police Act 39 v., c. 30. f 45 Geo. 3, c. 13. 52 Geo. 3, c. 10. 57 Geo. 3, c. 21. 58 Geo. 3, c. 11. J Geo. 4, c. 30. Protestant schools 47 V., c. 31. /19-20 v., c. 106. 24 v., c. 26. 27 v., c. 21. 29 v., c. 57. 29-30 v., c. 57. 31 v., c. 33. 33 v., c. 46. 34 v., c. 11. 35 v., c. 35. 36 v., c. 55. 37 v., c. 50. ' 41-42 v., c. 14. 44-45 v., c. 15. 45 v., c. 27. \50 v., c. 57. see also 62 V., c. 58. also Federal Act 52 V., c. 37. Recorder's Court . recourse in case of riots. /16 v., c. 233. ■ • • \19-20 v., c. 5. registers of baptisms, &c 18 V., c. 163, Eegistry office 34 V., c. 10. RvverSt. Charles 2 W. 4, c. 12. roads in , §7 Geo, 3, c. 29 ALPHABETICAL TABLE OF REFERENCES. 6t>»» Quebec, roads in when they come inside of city limits 4616 and fol. E. S'. Q: " schools, Boards of Examiners, meeting of C. S. L. C, c. 15, s. 109. " " (commissioners appoint- 9 V., c. 27, s. 142. ed) . . see C. S. L. G, c. 15, s. 130. ( " contin- j32V.,c.l6,ss.l7to20- ued).. \34V.,c. 12, s. 10. (common) 12 V., c. 113. (contributions and allot- r32 V., c. 16, ss. 23 to. ment between Catho- -! 33. lies and Protestants).. [34 V., c. 12, s. 106. "■ " (contributions and com- /35 V., c. 12, ss. 1 to 5. promise) \36 V., c. 56. h v., c. 27, ss. 40 and (establishing of) ] 41 ; see C. S. L. C, [ C.15,ss.l28andl29.i (Jews) 34 v., c. 12, s. 9. " " (national and free) 6 Geo. 4, c. 15. " " (property, amount to be held) 32 v., c. 16, s. 37. (Protestant) 47 V., c. 31. „ , „ , (■31V.,c.22,ss.l,2and3>. (revenue for). |32 V., c. 16, s. 21. " " (statement for revisors). j and 12 ' [14-15 v., c. 97, s. 9.. „ ,, , 19-20 v., c. 14, s. 1. (*^^^«) see GS. L. G, c. 15,. I ss. 131 and 132. , „ ,,.,. ,. /38 v., c. 74, s. 9. ( additional) jggy^ ^ 5^^ 3^ 1 ^^^ 2L " sessions of the peace 43-44 V., c. 6. " St. Roch de Quebec, (parish erected) 25 V., c. 47. St. Roch de Qu6bec,(annexation) 33 V., c. 47. St. Roch de Quebec, South, ('di- vision 28 v., c. 16. St. Sauveur de Quebec, (muni- cipal powers) 38 v., c. 75. /45 Geo. 3, c. 12. /47 Geo. 3, c. 10. 51 Geo. 3, c. 12.. \52 Geo. 3, c. 12.- \2 Geo. 4, c. 7. J4 v., cc. 5 and 6.. " Trinity Home <4-5 V., c. 15. ]9 v., c. 55. /lO-ll v., c. 27. '12 v., c. 114. 13-14 v., c. 96. 13-14 v., c. 99. V14-15 v., c. 101- «66 ALPHABETICAL TABLE OF REFERENCES. Quebec, Trinity House . fl8 v., c. 161. 20 v., c. 121. 22 v., c. 31 (1858). 26 v., c. 53. 27-28 v., c. 57. [29-30 v., c. 58. turnpike roads 4 V., ee. 17 and 21. 4-5 v., c. 72. 7 v., c. 14. 8 v., c. 55. 9 v., c. 68. 12 v., c. 115. 13-14 v., c. 102. 13-14 v., c. 103. " (Dorchester Bridge) .... " (debentures exchanged) " (loan) 14-1.5 V., c. 132. " (debentures) 14-15 V., c. 133. 16 v., c. 235. 18 v., e. 160. 20 v., c. 125. 23 v., c. 69. "(loan) 33 v., c. 48. " (division) 34 V., c. 36. 41 v., c. 46. 47 v., e. 81. 47 v., c. 82. " see 12 v., c. 25 and 33 v., c. 34. [9 v., c. 113. 13-14 v., c. 100. 14-15 v., c. 131. 18 v., c. 30. water supply . R Kadnor Forges see Fermont. Eecords at Kainouraska, loss of " Kamouraska. -Registration — Acton, (titles) " Acton. Charlevoix, (titles) ..." Charlevoix. " Dorchester, " ..." Dorchester. " Montreal, (offices at) . . " Montreal. Nicolet, " . . " Nicolet. (titles) " Ottawa. " Quebec, (offices at) ... . " Quebec. " Rimouski, (titles) .... " Rimouski. " Saguenay " . . . . " Saguenay. " Stanstead, (office) .... " Stanstea Ste. Foye, (titles) .... " Ste. Foye. Upton, " " Upton. Hepentigny, Islands in, (annexation). . . 45 V., c. 44. Richelieu, (improvement of river) 1 1 W 4 ' 40 ' Richmond, (charter of town) 45 V., c. 103. Eimouski, county muniei ALPHABETICAL TABLE OF REFERENCES. 667 Richmond, (charter amended) {f'^^ ^-'Jb ^^- \D\j V .f C. Ou. r45 v., c. 103, s. 26. schools in 4 46 V., c. 21. [47 v., c. 29. Richmond and Stanstead, (Circuit Court) 14-15 V., c. 91. Rimouski, charter of town 32 V., c. 71. -p-ii^i- {32 v:: a If registers of civilstatus 39 V., e. 28. [12 v., c. 128. registration division . \ 32 V., c. 45. [33 v., c. 41. Iregistration of titles. 13-14 V., c. 109. Rimouski, schools in 46 V., c. 20, s. 4. Riots at Quebec see Quebec. Riviere des Prairies, (obstructions in). 24 V., c. 69. j'12 v., c. 155. Riviere du Ghene, (improvement) \ 13-14 V., c. 111. [14-15 v., c. 29. •D- •< J T / N (5 Geo. 4, c. 34. Riviere-du-Loup, (common) {3 W. 4, c. 24. River St. Charles, Quebec 2 W. 4, c. 12. Riviere St. Pierre, village of, (name changed to Verdun) 40 V., c. 41. Road from Kennebec to Craig see Kennebec. Roads " Turnpike Roads. Roads and bridges in cities and towns. 13-14 V., c. 15. Roads and bridges placed under control of Commissioners from 1832 to 1841 see 1 W. 4, c. 44. Roads and bridges placed under control of turnpike trusts and municipalities since 1841, see Municipal Code and Turnpike Roads. Roads and bridges under control of grand-voyers and voyers up to 1832, see 36 Geo. 3, c. 6 ; 39 Geo. 3, c. 5, and 57 Geo. 3, c. 24. Roads and bridges under control of Public Works Commissioner, see Ses- sional Papers (8) Vol. 1, No. 5, 1867 (Canada). Road to Province Line 5 Geo. 4, c. 30. Roads in Bale St. Paul see Baie St. Paul. Roads in Deguire and Broughton " Deguire. Roads in Kingsey " Kingsey. Roads in Montreal " Montreal. Roads in Quebec " Quebec. Roads in Ste. Cecile " Ste. C^eile. Roads in townships. '. 3 Geo. 4, c. 19. Rouville, (annexation to Bagot) 22 V., c. 61 (1859). Rural police 3-4 V., c. 32. 668 ALPHABETICAL TABLE OF REFERENCES. S Sacr6-Cceur de J6siis, parish, (erection) . Saguenay, county and district, (registers of civil status) . . . (registration division) " (registration of titles) " (second municipality) harbour trout fishing Saints- Anges de Lachine, parish, (limits) Salaberry de Valleyfield, charter " " " (amended) - Seigniory of Beauharnois, (division lines) see Seigniory of Belair, (annexation) .... " Seizures, fraudulent, of lands in town- ships Sessions of the Peace, Kamouraska . . see Sessions of the Peace, Ottawa " Sessions of the Peace, St. Francis .... " Shawinigan, township, (annexation) .... Shefford, St. Joachim de, parish,(erection) Schools — Hochelaga see Hull " Iberville " " Montreal " Quebec " Sherbrooke, aid to sufferers by fire at Chicago " ~ Board of Examiners for schools, meeting of " charter of city " " (amended) county, (municipalities) . . courts of justice prison schools . Somerset, township, (division) . Sorel, charter of town " (amended). . .■. . " See consolidation 39 v., c. 36, 34 v., c. 8. 12 v., c. 131. 22 v., c. 35 (1858). 13-14 v., c. 107. 22 v., c. 62 (1859). 18 v., c. 144. 49-50 v., ^. 17. 37 v., c. 48. f 42-43 v., c. 62. 46 v., c. 83. [50 -v., c. 60. Beauharnois. Belair. 6 W. 4, c. 26. Kamouraska. Ottawa. St. Francis. 39 v., c. 41. 47 v., cc. 3 and 38. Hochelaga. Hull. Iberville. Montreal. Quebec. 35 v., c. 40. C.S.L.C.,c.l5,s.l09. 39 v., e. 50. (42-43 v., c. 80. 47 v., e. 84. [48 v., c. 69. 34 v., c. 30. 2 v., c. 38. ] W. 4 c. 14. r40 v., c. 23, ss. 1 to 5, 7 to 11, 15 to 25, and 27 to 36. 41 v., c. 7, ss. 1 to »• and 11 to 15. 20 v., c. 136. 23 v., c. 75. ''36 v., c. 58. 42-43 v., c. 59. 45 v., c. 102. [47 v., c. 85. 52 v., c. 80. >. ALPHABETICAL TABLE OF REFERENCES. 66& Sorel, commissioners of Catholic schools 45 V., e. 28. " islands, (annexation) 39 V., c. 37. " schools 4.5V.,'c. 28,ss.ltoll. St. Ambroise de Kildare, (annexation) . . 40 V., c. 38. St. Anicet, (line of roads) 20 V., c. 119. St. Anselme, (annexation) 39 V., c. 39. Stanstead, Board of Examiners for schools, meeting of C. S. L. C, c. 15, s. 109. Stanstead, county, (registration division) 34 V., c. 31. (16 v., c. 61. St. Antoinede la Bale du Feb vre, common 1 16 V., c. 150. [40 v., c. 28. St. Antoine de I'lsle-aux-Grues, munici- pality 12 v., c. 125. St. Aubert, (erection) 20 V., c. 137. St. Basile le Grand, (limits) 37 V., c. 19. St. Bonaventure, (erection) 29-30 V., c. 61. St. Bonaventure d'Upton, (erection) ... 36 V., c. 37. Ste. Brigide, road through swamp, let- ters-patent of 9th February, 1881. St. Cajetand' Armagh, (erection) 45 V., c. 41. St. Christophe d'Arthabaska, (school as- sessment) 19-20 v., c. 72. St. Colomb de Sillery, (powers extended) 27-28 ,V., c. 62. St. Cyrille de Lessard, (erection) 31 V., c. 28. St. David de' Yamaska, (school assess- ment) 18 v., c. 169. St. Dominique de Jonquiferes, (erection). 34 V., c. 8. Ste. Anastasie de Nelson, (erection). ... 45 V., c. 43. Ste. Anne de la Parade, common 1 W. 4, c. 31. Ste. Anne des Monts and Cap Chat. • • ■ 1 1« y ' Q^ Ste Anne des Monts, county, (munici- pality) 12 v., c. 126. Ste. Anne du Saguenay, (erection) 34 V., c. 8. Ste. Anne Rapids 1 W. 4, e. 20. Ste. Barbe, (boundaries) 49-50 V., c. 59. Ste. Brigide, (erection) 38 V., c. 29. Ste. Brigide, swamp road in, letters- patent of 9th February, 1881. Ste. Brigitte de Montreal, (erection) .... 44-45 V., c. 31. Ste. Brigitte de Nicolet, (powers ex- tended) 27-28 v., c. 63. Ste. Cecile, (rates of toll) 27 V., c. 33. Ste. Ctm^goiide, (charter of town) 47 V., c. 90. « / A A\ (49-50 v., c. 51. (amended) |5j_52y;^gg_ (parish erected) • 39 V., c. 36. 40 v., c. 42. 44-45 v., c, 32. 50 v., c. 25. 47 v., c. 43. " (village erected) .... St. Edouard de Stoneham, (erection) . Ste. Elizabeth de Warwick, (erection). Ste. Em61ie de I'Energie, (erection) . . 670 ALPHABETICAL TABLE OF REFERENCES. Ste. Foye, monument 27-28 V,, c. 55. Ste. Foye, (registration of titles) 22 V., c. 65 (1859). Ste. Genevieve de Berthier, (annexation) 40 V., c. 37. Ste. Jeanne de Neu villa, (annexation). . 40 V., c. 36. St. Elphege, (erection) 49-50 V., c. 54, s. 3. Ste. Marguerite, (doubts removed) 43-44 V., c. 33. Ste. Marie de Elandford, (erection) 35 V., c. 20. Ste. M arie de Monnoir, (registers of civil status) 39 v., c. 27. Ste. Marie Magdeleine, (erection) 42-43 V., c. 44. Ste. Monique, (annexation) 39 V., c. 38. St. Enfant Jesus, (erection) 38 V., c. 29. Ste. Pudentienne, (erection) 38 V., c. 68. Ste. Rose, (books of reference corrected). 44-45 V., c. 78. Ste. Rose, (village annexed) 41 V., c. 25. Ste. Therese de Blainville, (limits of vil- lage) 37 v., c. 42. St. Etienne de Beauharnois, (erection) . . 29-30 V., c. 64. St. Eugene, (erection) 42-43 V., c. 45. St. Fereol, (limits) 36 V., c. 38. St. Francis, (abolition of courts and mode of executing judgments). . . of district, (administration district . .< 14-15 v., c. 90. 3 Geo. 4, c. 17. . , . s s 1 v., c. 13. J^^*^^^^) l3-4V.,c.3. f 6 Geo. 4, c. 26. 9 Geo. 4, c. 49. 10-11 Geo. 4, c. 2 W. 4, c. 8. ^3 W. 4, c. 18 (marriages 5 Oeo. 4, c. 25. (notaries) 18 V., c. 165. ... [4 Geo. 4, c. 3. (V^^^on)..... |5Geo.4,c.26. (quarter sessions) 7 V., c. 20. (sessions of the peace). 16 V., c. 201. (sittings of courts of justice) 18 v., c. 166. '16 v., c. 114. 216. 8. St. Gabriel, (erection) 39 V., c. 36. St. Gabriel de Brandon, (erection) 27-28 V., c. 66. (annexation)... 43-44 V., c. 36. St. Gabriel de Valcartier, (annexation) . 24 V., c. 73. St. Gabriel, village, (annexation) 49-50 V., c. 73. St. George, (erection) 26 V., c. 55. St. Germain de Rimouski, (charter of town) ... 32 v., c. " "* (parish erected) 34 V., c. St. Gr^goire de Nazianze de Bucking- ham, (erection) 48 V., c. 38. St. Guillaume d'Upton, (annexation) ... 36 V., c. 37. St. Francois du Lac, common 190 V St. Fulgence, (erection) 34 V., c. 71. 8. ALPHABETICAL TABLE OF REFERENCES. 67\ St. Henri, (charter of town) 38 V., c. 72. '40 v., c. 49. « / GENERAL INDEX. 689 j~ . . Pagb "Ooae of Civil Procedure.— Co«;("«»f(/. Coming into force 486 Commissiun for, &c 366 Distribution of 486 In force as printed and not affected by interpretation act unless article expressly mentioned 11 Printed roll of 485 Acts to be incorporated with 486 Changes which commissioners may make 486 Deposit of 486 Reprinting of 486 'Codification of Laws of 'Lo-wer Canada relative to civil matters and procedure. Accounting clause 370 Assistant judges, appointment to replace judges on commission 367 Powers 367 To hold office during pleasure 367 Vacancies 367 Civil Code to. have preference as to order of completion 369 ■Codes, amendments may be suggested 367 Form and extent of 368 Form of pointing 369 Must contain actual law 367 To be framed 367 When completed to be laid before Legislature, proceedings thereon and amendments 369 Commissioners, appointment of 366 Judges may act as ^ 367 Place of meeting 370 Remuneration of 369 To incorporate amendments adopted by Governorin Council 369 To report to Governor and act under his instructions 368 Copies of work may be submitted to judges, who will examine and report and suggest amendments 368 Reports of judges to be communicated to commissioners 368 Judges may act as commissioners 367 Provision if appointed to act 370 Secretaries, appointment of 366 Remuneration 369 ■Commissioner of Agriculture and Public Works, powers and duties of Commissioner of Railways vested in 240-294 Commissioner of Railways, ofBoe abolished 294 Commissioners of Q. M 0. and 0. Railway 229-240 Commissions of public officers, &c. No religious test required 55 •Common soecage, lands held in 373 Conductors on railways^ — See Railways. Consolidated Municipal Loan Fund — fe Municipal Loan Fund 56 Return by municipalities indebted to 19 -Consolidated Railway Fund 80-225 •Consolidated Statutes for Lower Canada. Act 23 v., c. 56, to be printed with the Consolidated Statutes 11 Actions, acts, deeds, indictments, marriages, offices, penalties, rights, &c., anterior to repeal of acts in schedule A, to remain valid 8 Certified roll, including legislation of 1860, to be deposited and serve as original thereof ' ' ■Copies by Queen's Printer to be evidence 10 Distribution of copies , H 44 GENERAt INDEX. PaGB.:. Consolidated Statutes for Lower Canada.— C(7«//««<(/. Enactments in acts, &c., in schedule A, repealed on coming in to force of Consolidated Statutes 8 : English and French versions, proviso if difference in 11 How construed if they differ from repealed acts 9' How may be cited 11 Interpretation of the statutes ; 10 Legislation of session of 1860 may be incorporated in roll 1 Marginal notes, misprints, errors and proviso as to 7 Kot to be deemed new laws 9 Original roll of statutes revised, &c., to be certified and deposited 1 Proclamation for bringing Consolidated Statutes into force on certain day 1 Effect of ; 1 References to repealed acts in former acts 9 Repealof enactments embodied in statutes and contained in schedule A 8 Certain matters anterior to repeal are not affected by it 8 Are to remain valid 9 May be enforced and under what laws 9 Transactions anterior to repeal notaffected by it 8 Schedule A, certain acts repealed on coming into force of Consolidated Statutes 1 Effect on insertion of an act in 9 Consolidated Statutes of Canada^ (act respecting) 1 Act 22 v., c. 29, to be printed with this act 6 Actions, aetSj deeds, indictments, marriages, offices, penalties, rights, &c., anterior to repeal of provisions in schedule A, to remain valid 3 Certified roll, including legislation of 1859, to be deposited and serveas original 2 Coming into force of statutes by proclamation 2 Copies by Queen's Printer to he evidence 5 Copies, distribution of. 5- Effect of insertion of an act in schedule A '. 4 Enactments in acts, &c., in schedule A, repealed on coming into force of Consolidated Statutes 2 Extent of enactments 5 French and English versions, proviso when they differ 5 How construed when they differ from acts repealed 4 How may be cited 6 Imperial acts may be printed with them 6 Interpretation of 5 Legislation of 1859 to be in corporaled in roll (schedule A) 2 Marginal notes, misprints and errors, proviso 2 Not to be deemed new laws 4. Original roll of statutes revised, &c., to be certified and deposited 2 Proclamation for bringing statutes into force on certain day 2 Effect of 2 Reference to repealed acts in former acts 4. Repeal of acts in schedule A affected by proclamation 2 Repeal of enactments embodied in Consolidated Statutes 3 Matters anterior to repeal are not affected 3 Are to remain valid 4 May be enforced and under what laws 4 Transactions anterior to repeal not affected 3 Schedule A contains acts repealed on coming into force of Consolidated Statutes 2 Effect of insertion of an act in 4 Consolidation of General Statutes of the Province of Quebec IT Act40 v., c. 8, repealed 19 Commission appointed 17 Duties of commission 18 Expenses 18 GENERAL INDEX. 69* Consolidation of General Statutes of the Province of Quebao.— Continued. Commission appointed. — Continued. Instructions to commission from Lienteuant-Governor , IB Printing report 18 Report to Lieutenant-Governor ,.... 18 Suggesting of amendments 18 Publication of documenls otlier than statutes 18 Publication of other statutes affecting the Province IB Wording of the statutes 18. Work to be submitted to the Legislature 18, Constables on railways. — See Railways. Constituted rents.— Sc« Feudal Rights and Duties. Conversion of the public d-bt 8& Council of Arts and Manufactures Ill Counties erected, &c., under special acts '. 433^ Court-houses destroyed by fire. — See Judicature. Court of Queen's Bench — See Judicature 125 Courts abolished, transfer of recoids !. J3tt Courts of criminal jus-isdiction. — See Federal Act (52 V., c. 43) as regards rules of practice, and R. S Q:, art. 2446. Courts of Sessixjns of the Peace 129 Certain provisions remain in force X23t Judges of Sessions at Quebec and Montreal to hold office during good l>ehaYiour 130 Cro'wn Lands. Assistant Commissioner, deeds signed by him upto24thDecember,18'7'2, validated. See 3d v., c. 8, s.4. Canadians in United States and European immigrants, encouragement to settle on Crown lands 108 Advances JJ09 Colonization Fund 1K8 Letters-patent for lots II!> Preparation of lots 108-109 Price of lots 109 Qualification required 109 Interpretation of certain repeals of acts in Crown Lands Act. See 36 V., c.8, s. ^. Crown property exempt trom taxation 116 Crown seigniories. — See Feudal Rights and Duties. ID Damages to railway. — See Railways. Debentures, issue of provincial 80, 81-324 Debt, conversion of the public 85 Destruction of wolves 1V9 Directors of railway companies. — See Railways. Dividends of railway companies ' I9i Division line between Upper and Lower Canada 21 Dowers not registered on 30th June, 1881 431 to 435 Public notice by registrars 432-434 Droit de quint.— See Feudal Rights and Duties. -m European immigrants, encouragement to settle on Crown lands Itl3 Exempt. on of cer ain articles from seizure for debt • 48T Executive Council, members declared indemnified BS €92 GENERAL INDEX. Paob Fees of advocates in cases of review 488 Fences on railways. — See Railways. I reudal Rights and Duties, abolition of. Application of act 397 Arrears, five years only may be recovered 396 ,E 16 ■Grosse-Isle, registers of civil status 449 Hull, Catholic Apostolic Church at, registers of civil status 441 Chef-lieu of judicial district of Ottawa, changed to... 32 (7/t^/-ite« of registration division of Ottawa, changed to..; 437 Circuit Court at, abolished when chef-lieu of Ottawa fixed there 34 City of, parts of acts affecting it repealed. — See Unconstitutional Acts 13 "Hypothecs, validation of. .^ .....'....; 473 y" ' i' ^'^ ': Immovables, certain sales of, by sheriffs, declared valid ., 466 Sale of in rural districts 472 Within parish of Montreal ...'. 472 Incorporation of companies. — See Judicial Incorporation of Joint Stock Companies. Under railway act. — See Railways. Industrial schools. Indenture of apprenticeship explained by 35 V., c. 13, s. 5. Inspection of railways. — See Railways. Insurance companie.'i, mutual .., 347 Summoning of. • ■ 490 Interpretation of the Statutes of the Province ...„....; 11 Inventories in Ste. Anne dos Monts, and closing of, &c., rendered valid 462 Inventories validated 483 Issue of provincial debentures 80, 81, 82-324 cr Jesuits' Estates, seigniories forming part of ,..,•••-. 397-398 Sum of money to be paid for Superior Education Fund on account of^,.. .....,., 398 Jesuits' Estates, settlement of ...,.■■,•" 86 Joint Stock Companies, judicial incorporation. , Bank notes not to be issued ••■ •■(■ 359 Books to bo kept and what to contain ,........,;,. , 357-358 Penalty for making false entries ■ — 359 Rights forfeited if proper books not kept •,...... ..y... 359 Their effect as to evidence ,...........,.j... 359 To be open to stockholders and creditors "■■•;■"; 358 ■Consolidated Statutes of Canada, chapter 63, not repealed 362 Contracts, bills, notes, &c., by company, how executed 359 Curators, guardians, executors, &c., holding stock 360 iDirectors, Board of 354 Election, notice, votes ■ • :...'...........;.... 354 First directors "••• ■ ■ ••— • ■- 354 .Liability of, to laborers and servants of company ■ 361 696 GENERAL INDEX. Page Joint Stock Companies, judicial incorporation. — Continued. Directors, Board of. — Continued. Penalty for lendiag money of company to stockholders ; 361 When declare dividends in certain cases 360- Powers , 354 President and officers 354 Vacancies 354 Dividends not to be paid when company insolvent or they impair capital 360- Formation . Declaration. Before whom acknowledged 351 Contents of. 350' Duplicates to be filed, and where 351 Public notice by prothonotary, with whom filed 351 Decree. Appeal from grant or refusal of i 352' Application for, proceedings on, &c ; ; 352 Filing of with Provincial Secretary _.. 353" Notice by him 353 Proof of. 353 How may be referred to in legal proceedings 353 Purposes for which formed 350- Who may form 350 General corporate powers of company ;.. 353- Governor in Council to make tariff of fees, &c 361 Judges to make rules of practice 361 Officers 354 President 354 Eules of practice to be made by judges 361 Service of process, &c., on company 361 Shareholders, general meetings of 354 In arrear not to vote 356 Liability of, defined and limited 360 May be parties or witnesses when company is a party 361 Special meetings 355- Short title of act 362 Stock, allotment of. , 355 Calls on, amount limited 356- Interest on 356 Forfeiture for non-payment of calls ; 356 Held by persons in a representative capacity 360 Voting on such stock 360 Increase of by by-law 356-35T In other companies, holding of 359 ■ New stock, supplementary declaration and proceedings on 357 To be personally 355 Transfer of 365 Effect of, limited until allowed 358 May be disallowed in certain cases 358 Tariff of fees to be made by Governor 361 Trusts, company not bound to see to execution of 359- Joint stock, gas and water companies , 363 Judgments in review, tariff of fees 488"^ Judicature. Circuit Court of Ste. Croix abolished , 129' Proceedings commenced 12^ Transmission of records 12) GENERAL INDEX. 69T T J . PiGff d uaicature . — Continued. Court-houses destroyed by fire 131 and fol. Kamoiiraska. Autheatioity of certified copies of records , 131 Costs under the act 13S- Evidence of attorneys admitted when judgment cannot be produced IS? Jury lists, new ones to be made 134 Proceedings 132 and fol. Prothonotaiy, his duties 132 Register of certificates of insinuation 132' Register of judgments of Circuit Court to be Isept 132' Registers, effect of entries in 133 Registers of civil status, copies may be ordered -... 134 Slierifi', his duties 133 Quebec. Appeal in exparte cases lies upon application to judge 136 Application of this act to other districts or circuits by proclamation 141 Circuit Court in Missisquoi, application of act to 141 Delays extended for return of writs of appeal not made 135- Exemption of fees, taxes and stamps , 139' Judgments, copies of, their value when originals destroyed 134-135 Officers of justice, validity of their acts 140' Registers of civil status, restoration 140' Restoration of records in Court of Appeals 134 and fol. Courts abolished, transmission of records 130- Courts at Gaspc, Eamonraska and Ottawa, matters pending when 12 V., c. 37, was passed 125^ Courts of Sessions of the Peace 129^ Certain provisions remain in force 129- Judges of Sessions at Quebec and Montreal to hold office during good behaviour. 130- Queen's Bench, matters pending when act 12 V., c. 37, was passed 125 Transmission of records 125 Records and registers of abolished courts 130- Superior Court. Chief justices, their residences 128 Judges at Montreal 127-128 Matters pending when act 12 V., i>. 38, was passed 126 Transmission of records 126- Twenty-eighth judge, his residence 127 Judicial district of Kamouraska, chef-lieu transferred to Fraserville 34 Judicial district of Ottawa divided into two 30' Judicial incorporation of joint stock companies- — See Joint Stock Companies 350- Jurisdiction in appealable cases transferred to Superior Court 490- Transfer of records 490' Kamouraska court-house, losses by burning of 131 Kamouraska, judicial district — transfer of eAc/-K«« to Fraserville 34 Building and Jury Fund, employment of balance 35 Chef-lieu transferred to Fraserville under certain conditions 35 Circuit Court of Green Island not affected by transfer 36 Court-house and gaol, a public work 36 Control of building 35 Cost of building, by whom borne 35 Debentures heretofore issued to bo assumed by Province 35. Records to be transferred after transfer of cAe/-WcM 3& '698 GENERAL INDEX. Paob JKamouraska, judicial district. — Continued. Duties of certain ofiicers respecting 36 Refusal of officers 36 Proceedings after renaoval 36 Proceedings continned., 36 Suspension of proceedings 36 Taxes, certain special, to cease after transfer 3.5 Transaction of business after transfer '. 36 Kamouraska, matters pending wlien act 12 V., c. 23, was passed, 125 Kildare. — See Registration. Kingsey Falls annexed to Warwick 3T Division of debts between the two municipalities 37 liachine, town of. Act 38 v., c. 78, portion regarding police force. — See Unconstitutional Acts 12 Xiaads held in free and common soccage, conveyance and trans- mission of 373 Act of Lower Canada (9 Geo. 4, o. 77), declared in force 373 Mailleurs defonds, claims created before 1st September, 1831, valid 374 Rights of, preserved 374 .Bona ^lie purchasers or incumbrancers whose titles are registered.... 375 Conveyances and transfers before 1st September, 1831, valid, though not executed according to law of England 373 'Conveyanres and transfers since 1st September, 1831, according to laws of England and Lower Canada, to be valid 374 Hypothecs and mortgages before lat September, 1831, according to laws of Lower Canada, valid iflands hypothecated are described in instrument 374 Interpretation of words 373 Married women, rights of. 376 Minors, &c., bound .' 375 Partition under old laws of Lower Cu.nada of lands of intestate persons having died before 1st September, 1831 375 Of intestate persons having died siuce 375 Pending cases, certain, not affected 376 What laws govern lands in free and common soccage in matters of alienation, des- cent, &c., and in othermatters 376 Wills, testaments, devises, &c., of such lands according to English form, valid 376 land surveyors and the survey of lands. Boundaries prior to 30th August, 1843, confirmed 152 Boundary lines existing, confirmed 152 Procis-verbaux prior to 2nd August, 1851, confirmed 152 Laprairie de la Magdeleine, Common of, act rendered permanent 15 Lauzon Musical Band. — See Unconstitutional Acts 15 Laws, publication of the 455 Legalization of deposit of certain registers of civil status 448 Legalization of titles, &c 446 and fol. Legislative Assembly, members declared indemnified 52, 53-54 Xetters-patent of subsequent purchasers not affected by non-observance of certain condi- tions , 457 Proceedings under repealed acts continued... 457 Lettres de terrier. — See Feudal Rights and Duties. Level crossings. — See Railways. Levis, county, parish qf St. Joseph de la Pointe Lfivia, annexed to for registration purposes 29 Liberal professions 152 ijimited partnershjpg,-^See Partnerships 364 GENERAL INDEX. 699 Line of division between Upper and Lower Canada '^24 Act not to afifect sect. 6 of cap. 3of C. S. U. C 28 Commissioner of Crown Lands to cause line to be surveyed and worked out by an officer of the department „ 25 Compensation for lands patented as for Upper Canada and iound to be in Lower Canada or Commissioners for inquiring into claims for compeuaation In certain cases 26 Powers of commissioners 27 Compensation tobein lieu of claims 26 Persons under age, legally incapable, &c 27 Indemnity to persons who have acted in Lower Canada and Upper Canada respect- ively, under powers granted for the other section, in consequence of the uncertainty of the line of division.... , 27 Indemnity to persons who, through same reason, have omitted to act in Lower Canada and Upper Canada respectively 27 Line described 24 Line marked out to be true boundary 25 Penalty for removing or defacing the marks 25 Lingwick, township of, certain surveys confirmed 38 Liquidation of building societies, certain proceedings ratified... 468 Lods et ventes. — See Feudal Eights and Unties. Lower and Upper Canada, division linebetween 24 Lower Canada Municipal Loan Fund, continued 56 Dye Magog, partition of undivided lands in 421 Mails, carr3'ing of, on railways 202 McGill College 116-121 Members of Executive Council, declared indemnified 53 Members of Legislative Assembly, declared indemnified 52, 53-54 Milk, frauds in connection with.— &c Federal Act 52 V., c. 43. andR.S. Q., art. 5484. Mining rights 426 Missisquoi ,,act respecting burning of Quebec court-house to apply to certain casesin 141 Montreal, division of into three registration divisions 436 Registers of civil status in Cathedral , 439 Registry office at 436 Registration division of.... 28 Sale of movables in late parish of. 472 Seigniorial rights in. —Se«. Feudal Rights and Duties. Montreal Loan and Mortgage Co., 39 V., c. 63.— See Unconstitutional Acts 14 Montreal, Portland and Boston Railway, 39 V., c. 56. — See Unconstitutional Acts... 14 Montreal turnpike roads 577 Monument at St. Foy 423 Movables of successions, sales of, rendered valid 471 Municipal and other debentures, registration of 157 Municipal Code. Act respecting ; 492 Municipal corporations 156 Municipalities and roads in Lo"wer Canada. Assessments, dues, &c 159 Debts, contracts, &c., of municipalities ceasing to exist under 18 V.,c.lOO,how paid and enforced 159 Rates to be levied and population how determined 160 Delivery of papers and to whom 160 Action to compel such recovery 160 Enforcing judgment in action 161 700 GENERAL INDEX. Pasb Municipatles and roads in Lo'wer Canada. Continued. Moneys to be paid over to treasurer of new county council and how applied 159 Recourse of other county saved 159 Recovery of money if not paid over 159 Transfer of property of old municipalities 159 Recourse of others saved 159 Municipalities Fund. First charges on , 156 Annual stipends or allowances charged on clergy reserves payable during Uvea of present incumbents 156 Proviso as to certain religious orders 156 Commutation of stipends, &c , by Governor 156 Sufficient amount to be retained tnpay stipends, &c. , chargeable on fund 157 Mnnicipalities indebted to Consolidated Municipal Loan Fund, return by 79 Municipalities:— See Federal Act 52 V., c.42, with respect to bribery and corruption in municipal matters. Municipalities taking stock in railways, &c. By-laws, approval under C. S. C, chap. 83 162 Certain provisions only of act to apply 162 No by-law to be passed unless valuation made within 5 years 162 What preamble must contain 162 Certain by-laws not aflfected 168 Certain rights and liabilities of municipalities not affected by this act 167 Certificate of secretary-treasurer, form and effect of. 163 Councils may authorize warden, &c., to take stock in companies for constructing railways, &c., in or near municipalities 161 Debentures. Amount of restricted 163 Issue of 162 Levy by sheriff of principal and interest 164-165 Duty of secretary-treasurer 164-165 Proceeding on 165 Redemption of debentures due 169 Sinking fund for 164 Levy of additional assessment to meet, and application of .'. 168 Money, how raised if by-law may be passed 162 Municipality detached after passing of by-law, responsibility of 169 Parishes or townships specially interested may authorize subscription of stock 165 By-laws need not be approved 166 Not to be repealed till whole paid nor by-law passed under section 1 166-167 Not valid unless voted for by councillors of parishes, &c., interested 166 Parishes, &c. , powers of sheriff as to levying money in such cases 165 Property liable to assessment for unpaid debt 169 Rates, how levied and applied 163 Special to be levied annually under by-law and amount of 164 To be imposed to meet interest on moneys borrowed 161 Municipal Loan Fund. Administration of by Receiver General 56 Application of fund 56 Arrears, interest on 67 By-laws, case of those contested before 18th December, 1854 71 Effect of. 72 Informality in, not to vitiate 71 In Lower Canada before 18th December, 1854 70 Approval of Governor must be had 70 Effect of approval aa regards rates 70 Debentures under such by-laws, how disposed of 70 GENERAL INDEX. 701 Paob Municipal Loan Fund.— Continued. By-laws. — Ooniinved. To be passed by municipal council 58 and fol. Approval by electors „ „, ; 69 If passed by a county council , 58 Proceedings when disapproved 60 Publication of by-law before passing .■ 58 To whom moneys raised on them are to be paid and on what authority....^; 71 Certain sections (2 to 86) of act controlled by subsequent sections 56 Clergy Fund, when share of may be withheld 69 Counties, united, responsibility of , 68 Debentures, any moneys may be invested in 63 Coupons, when receivable as money 64 Debt under debentures to be debited to municipality ■ CI Duties and liability of collectors and sureties 67 Form of 62 Interest on arrears 67 Rate of to be paid by treasurer of municipality 64. Issued before act takes effect, valid 72 Issued on credit of loan '.. 56 Issued under sections 72 and 73, how disposed of 70 May be exchanged ....*. 63 Not otherwise valid, are not legalized by this act 77 Rate, additional, when may be imposed 67 Clerk's duties as to yearly rate 65 and fol. Governor in Council may allow a lower rate whenever it shall be found sufficient 75 How apportioned 65 Receiver General may raise loan under 61 Sinking Fund, constitution of. 64 How to be credited to municipality 64 How to be debited .-■ 65 When applicable to payment of interest 65 To be within acts respecting freedom of banking and duty on bank notes 63 Treasurer of municipality, duties as to yearly rate 65 and fol. What to certify if funds deficient 67 Where to be payable and in what currency 62 Governor, when he may direct a less rate to be levied 68 When he may issue a warrant against the effects of a municipality 68 Interest on arrears •.■• 67 Interpretation 72-77 Loans, before this act, not covered by it 72 Case of municipalities which raised money under the fund prior to passing of act 73,74-75 May be raised by municipalities on credit of the fund 57 No further loan to be raised on Consolidated Municipal Loan Fund, except as indicated in act "3 Lower Canada Municipal Loan Fund, continued 56 Municipal councils have certain powers in Lower Canada 57 Municipalities indebted, return by ''9 Municipalities may raise money on credit of fnnd for certain purposes 57 Municipal Loan Funds established 68 Names of ■ • ^^ Penalty on municipal officers not complying with this act 75 Receiver General. Accounts to be kept by him 63 Administration of fund by ^^ May di!=pose of securities 702 GENERAL INDEX. Pag* Munioipal Loan T-and.— Continued. Receiver Genetal. — Continued. Notice to be given by him 63 Want of notice not to affect 64 Powers to raise loan under debentures when by-law approved 61 What to certify to Governor when municipalities in default 68 Restrictions as to future loans , 69 Seigniorial Tenure Act, sums payable under TT-Tft Sum to be paid to Receiver General to be first charge on funds of municipality 74 Townships in Lower Canada, payment to 16-IS United counties, dissolution of, provided for 71 Upp^r Canada Municipal Loan Fund, continued 56 Mutual Fire Insurance Companies. Certain policies heretofore issued, declared valid 348 Provision as to coming into force of this section as respects any particular company 348 Missisquoi and Rouville Mutual Fire Insurance Company 348 Mbntmagny Mutual Fire Insurance Company 348 Richmond, Drummond and Yamaska Insurance Company declared a corporation, its powers 349 Stanstead and Sherbrobke Mutual Fire Insurance Company, new name and power to Require certain property 348 Naturalized persons under 1 W. IV, t. 53, titles secured 446 Norlh-West expedition, students who took part in 153-154 Notarial Code, provisions respecting 153 Notarial deeds and instruments rendered valid 475 to 484 Notaries, Board of, certain proceedings rendered valid 484 o Ordinances of Lower Canada declared to have taken effect from the time they received the Royal assent 455 Ordnance seigniories. — See Feudal Rights aid Duties. Orford, certain surveys confirmed 38 Originals of destroyed statutes, replacing of 17 Ottawa county, chef-heu for registration transferred to Hull 437 Ottawa, judicial district, chef-lieu changed 32 Building and Jury Fund, balance after certain payments to be paid over to Hull, and when to be paid 33 Chef-lieu of district removed to Hull 32 Circuit Court at Hull, abolished when ch'f-lieu fixed there 34 Court-house and gaol to be a public work 34 To be built by Hull and be under Commissioner of Agiiculture and Public Works 33 Pending cases, notice not required to continue proceedings 34 S.ispension of prescription and delay until court.held at new chef-lieu 34 Records to be transferred on transfer of cAe/-Z}f!« 33 Duty of certain judicial officers to efltct transfer 33 Penalty for neglect 33 Lieutenant-Governor may, in default of officers doing so, order some one else to do so 34 Proceedings to continue after transfer 34 Notice not required 34 -Ottawa, judicial district, division of 30 Loan by county of Pontiac, authorized 32 Names of new disti-icts .'. 30 Proceedings already commenced, not affected 31 GENERAL INDEX. 703. Ottawa, matters pending when act 12 V., c. 37, was passed 125 Registry office, certain illegalities, &c., remedied 4H7 Sheriff's office, register of sales to be authenticated „. 46T Parishes confirmed as such, thoughproof of erection wanting 44ft Parishes erected or annexed under special at^ts 499 Parish of Montreal, sales of immovables in 4 72 Partition of township lands held in common 420 Certificates forpurchase of lands to amount of costs 423 Commisbioners for investigating titles, their powers 422 Co-tenant may sue for h'mselt and other co-tenants 420 Lands in Bolton and Magog, arbitration in respect of 420 Occupant producing title maintained in possession 421 Partnerships. Partnerships formed in Upper Canada before 5th September, 1854, may carry on business in Lower Canada on certain conditions 364 Partnerships formed since 5th September, 1854, may carry on business in Upper and Lower Canada 335. Patriotic Insurance Company of Canada, act 39 V., u. 60. — See Unconstitutional Acts.. 14 Police and good order 143 Pontia<:, district of. Fees to be the same as in district of Ottawa 32 Judge may be appointed for district of Pontiac 31 Justices of the Peace in Pontiac continued without new commission 31 Officers in the district 31 Tax on judicial proceedings 32 Powell, deputy sheriff, Artbabaska, official acts legalized 466 Provincial debentures, issue of 80, 81, 82-324 Provincial Loan Company, 39 V., c. 62. — See Unconstitutional Acts I4 Publication of the laws 455. Public debt, conversion of 85. Public instruction. Local provisions 123 McGill College 116-121 Royal Institution for advancement of learning 116-121 Public lands, sale and management of , 457 Public officers not required to take sacrament 55 Quakers, registers of mnrriages by 455 Quebec court-house, losses by burning of "... 134 Quebec, Montreal, Ottawa and Occidental Railway. Appropriation ofpiice of sale of 79 See Railvrays. Quebec registry office .-. .'. 436 Quebec, Revised Statutes of Province of 19 Quebec turnpike roads 504 K/ Railway Commissioner, office abolished • 294 Powers and duties revert to Commissioner of Agriculture and Public Woiks 294 Statutes repealed 294 Railway Fund 80-225- Railway Inspection Fund 218 "704 GENERAL INDEX. Pagb Railways. Railway Act. Accidents, notice to be given to Railway Commissioners 217 Return of. 214 Accounts, annual, to be kept by directors 194. To be submitted to Legislature 203 Variation in form or details may be made 203 Actions for indemnity, fines and penalties 198 and fol. Arbitration as to conveyance of lands to companies 180 and fol. Badges to be worn by servants 200 Baggage ca:s not to be in rear of passenger cars 201 Board of Railway Commissioners. — See Railway Commissioners. Boring or cutting of casks or packages, punishment for 221 Branch railways, construction of. 204 Bridges, arches of. 186 Ascent of 186 Condemnation by Railway Commissioners and Inspectors 216 Draw 207 Height and breadth of. 186 Movable 207 Permanent 207 By-laws, approval by Governor 199 Notice of 200 To be put in writing and signed by chairman 199 Calls, amount may be recovered by suit 192 How made 192 Interest chargeable on unpaid calls 192 Interest may be allowed to shareholders paying in advance 193 Notices of, how published 192 Payments, how made 192 Penalty for refusal to pay calls 193 Canals, passage of by railways, conditions of 206-207 Cattle-guards, liability of company until erected 187 Casks, punishment for boring 221 Changes may be made in line of railway on application to Railway Commis- sioners 205 Checks to be fixed on baggage 200 Penalty for refusal 200 Companies, incorporation of 173 May be dissolved by Legislature 204 Company may change line of railway 205 May construct branch lines 175-204 Not bound to see to execution of trusts 201 . Not to take stock in other railways.... 19T Powers 173 and fol. Compensation for lands damaged, how determined 171 Condemnation of railway bridge by Railway Commissioners and Inspectors 216 Conductors, intoxication of, a misdemeanor 201 Regulations for 214 Constables, appointment 219 Dismissal. 220 Oath ; 219 Powers and duties 219 Punishment for neglect of duty and for resisting them 220 Record of appointments 220 Construction of railway to be commenced within certain delay 203 Contravention of this act and special act, a misdemeanor 199 Conveyance of lands to company 178 and fol. GENERAL INDEX. 705 ^a.il-wa.ys.—Coniinueti. ^^"^ Railway A.ctt.— Continued. Conveyances to railway companies, validated 223 Corporations, &c., powers as to conveyance of lands to companies 178 and fol. Coupons, forging of, a felony , 204 Curators, executors, guardians, &c., powers as to conveyance of lands to company....... 178 ^„^ f„,_ Damage, with intent to do injury, &o., to railway, punishment of. 209-210 Damages to lands, how determined 17X Damages to railway, penalty 193 Dangerous goods 203 Debentures, forging of, a felony 204 Directors. Board of. Igo Chairman, casting vote iq\ Eleclipn jgg Majority, acts of binding 191 May appoint officers 194 May pay interest on sums called up and paid in advance on shares 194 Officers not to be igi President. igg Qualification Igg Quoruni 191 To cause annual accounts to be kept 194 Vacancies, how filled 189 How supplied 190 Vice-President, , 191 Dividends, declaration of, at annual meeting 194 Not to impair capital 194 Drawbridges 207 Fences in Lower Canada to be made and repaired by Company 204 liiability of company until cattle-guards erected 187 Meaning of certain words 186 To be erected on each side of railway 186 When divide railway lands from neighbouring lands 187 Fines, how recovered 198 How to be applied 198 Imprisonment in default of payment 199 Appeal 199 Foot passengers to use foot-bridge if provided at level crossings 208 Forging debentures and coupons to be a felony 204 (Jeneral meetings of shareholders, notices, how published 192 General provisions 201 For all railways 204 Goods to be carried on payment of fare 200 Her Majesty's mails, carrying of 202 Rights saved 204 Highways and bridges 185 and fol. Ascent of bridges 186 Height of bridges 186 Of railway above level of roads , 186 Railway not to be carried along highways without consent 125 Precautions when railway crosses a highway 186-201 Sign-boards, &c 186 Incorporation of companies '. 173 Inspection Fund 218 Inspectors. Appointment , 215 45 ,T06 GENERAL INDEX. Paoh Railways. — Continued. Railway Act. — Continued, Inspectors. — Continued. Duties 215 Information to be given them by companies 215 Inspection not to relieve company from liability 217 May condemn bridges 216 May forbid running of trains 216 May use telegraph wires 216 Operators to obey their orders '. 216 Penalty for obstructing 210 Powers with respect to repairing of level crossings 221 Interest may be paid by directors on sums called up in respect of shares 194 Interest of purchase money or rent not to be part of working expenses 224 Interpretation 204-224 Judge, provision when interested in lands required for railway 222 Lands and their valuation. Arbitration. Arbitrators, appointment 180 Company may desist on payment of costs 182' Costs, how paid 181 Death of 181 ■ Duties of 180 May examine under oath 181 Not disqualified unless personally interested 182 Third arbitrator 180 Time within which award must be made 181 When party who floes not accept, does not appoint arbitrator 180 Conveyance of lands. Application to owner of lands after one month's notice of transfer of plans 179 Corporations may convey lands 178 Corporations who cannot sell may agree upon a fixed rent 179 Deposit of plan to be general notice 179 Effect of contracts made before deposit of maps 178 Incumbrance, &c., upon lands purchased or taken in Upper Canada... 183 AVhen compensation to stand in lieu of land 183 When interest to be paid to or returned by the Company 184 When lands situated in Lower CanadaandOompany fears incumbrances. 184 When railway passes through Indian lands 185 When railway passes through lands of Her Maje-'ty 185 Provision when judge interested 222 Legislature may dissolve companies 204 Legislature may make provisions other than those contained in act'. 202 Level crossings, foot passengers to use foot-biidges when provided 208 Precautions at 186-208 Repairs to 221 Locomotives to have bells orsteam whistles to be rung orsounded atevery cross- ing 201 Lower Canada, fences and roads in, to be made and repaired by company 204 Mfcils, carrying of 202 Majority of directors, acts of, binding 191 Map of railway to be filed in Board of Works office 202 On what scale and paper to be drawn 202 Minutes of meetings, &c. Copies to be jjrimiJ/acje evidence 3^99. Movable bridges 20r GENERAL INDEX. 707 Pa.gb 'Ro.TlVf&JB.— Continued. Eail-way A.Gt.--Contiiiued. Municipal corporations may take stock 196 By-laws must be made for that purpose 186 Debentures issued by them to be binding 19S Mayor to be cx--q^cto director in certain cases 19T Not to vote for directors of companies incorporated before 14th June, 1853 19V Navigable waters, passage of by railways, conditions of 206-207 Notices by secretary of company, valid 200 ObstructioDs to railways, penalty 19S Officers, appointment by directors 19i Contravening by-laws 211 Of companies, cannot be directors ISl Regulations for 214 Packages, punishment for cutting, &c 221 Parliament, when may reduce tolls 2^' Passengers may be witnesses on their own behalf. 20ft Eefusfng to pay fare, may be put out 201 To be carried on payment of fare 200 To have no claim if injured when on platform of cars 291 Penal clauses ; 209 and foL Danaages to railways 209 and fol. Displacing of switches , 211) Obstructing inspectors on duty 211) Officers contravening by-laws 211 Stoppages 210 Penalties, application of 211-21B Recovery of. 218 Penalty for damaging railway 198 Obstructing railway 198 Percentage, certain, to be paid on stock within certain delay 203 Permanent bridges....". 207 Persons prohibited from going on track with cattle, &c 18T Plans and surveys VIS- Alterations from original surveys IJT Clerks of the Peace to receive copies of original plan, &c IVT Copies certified by clerk to be evidence ITT Contents of ITS Error in name of persons in a book of reference lit Examination and certificate ITS. Contents of. ITS Extent of lands to be taken without consent of proprietor 3.T8 Extent of public beach to be taken 1T8 Line not to deviate more than a mile 17T Omissions, how remedied ITS Railway not to be proceeded with until map deposited ITT Powers of companies. To borrow money iVB-. To carry railway across lands of corporations and others and aeross and along streams, &c 1T4' To complete railway with one or more tracks iTi' To convey passengers and goods ITS To enter upon Her Majesty's lands IJ* To erect buildings, wharves, &c ITl To make branch railways and all other things necessary - 115 To make surveys of lands VH To occupy public lands and beaches , , 1T4' 708 GENERAL INDEX. Page Railways. — Continued. Bailway A.c,t.— Continued. ■ 'Powers "of coinJ)anies. — CoMiniUd. To purchase laad IH To receive' lande 123 To remove tfees 175 'To unite Vith other railways 175 Preeideat, absence of, to be entered in minutes 195 'Provisions which iSay be incorporated in special acts 1T3 Proxy, Voting by 190 ■Punishment for persons resisting constables 220 Of pex'sOns boring or cutting casks or paclcages 221 Proceedings and appeal 221 •Quorum of directors 191 Railway Commissioners. Application to be made to them for'permission to change line of railway.. 205 Board of, constitution 215 Duties of. ., 215 May appoint a secretary 215 May appoint form of return of accidents 214 May condemn bridges 216 May modify act of inspectors 217 May regulate speed of trains 217 Notice of accidents to bfe given to them 217 Railway grounds to be kept in order 206 -Railway Inspectors.— See InspeCttirs. Railway Inspection Fund 218 Resisting constables, punishment 220 Rivers, passing of by railways, conditions 206-207 Tloads itt Lower Canada to be made and repaired by Company 204 Secretary, notices by, valid 200 Shareholders, account of names and rfesidences to be kept 202 General meetings of Igg How called 190 Proxy, voting by 190 Votes to be in proportion to shares 190 Who entitled to vote 189 Individually liable I97 May be allowed interest when pay in advance 193 Shares, forfeiture and effect of I93 Foifeited shares may be sold by auction I93 Certificate of treasurer to be evidence of forfeiture of title I93 Transfer of 195 Transmission, other than by trarisfer igg Sign-boards at railway crossings Igg Special act to be a public act 204 Stock to be personal estate 195 Increase of I91J Not to be taken in other companies 197 Transfer of.... I95 Stoppage of railway, a misdemeanor 210 Surveys 17g Switches, penalty for di^lacing 210 Telegraph, Governor may require use of 202 Tolls, by-laws regulating 209 Goods, when may be distrained if tolls not paid Igg When may be sold jgg Disposal of balance of price Igg GENERAL INDEX, ^09 Page Railways. — Continued. Railway A.o\,.— Continued. Tolls, by-laws regulating. — Continued. How calculated 18S How raised and how reduced 18S Payment, how enforced IBS Table of tolls to be stuck up in offices and cars IS* To be approved by Governor 189' To be fixed by by-laws or otherwise 187 When Parliament may reduce 203 Traffic, duty of railway companies to facilitate forwarding of each other'^s traffic. 223 One company may agree with another respecting 205 Trains, speed of 21"? Stoppage of at swing-bridges 213 To start at regular hours 200 When running of may be stopped 216 Trusts, company not bound to see to execution of. 201 Validation of certain conveyances to railway companies 223 Vice-president of company 191 To act in absence of president 195 Working expenses, interest of purchase money or rent for lands required, not to be part of 224 Working of the railway. Baggage cars not to be in rear of passenger cars 201 Checks to be fixed on parcels 200 Company to use best apparatus for communication between conductor and driver, &c ; 213 Intoxication of conductors a misdemeanor 201 Locomotives to have bells or steam whistles to be rung or sounded at every crossing 201 Opening of railway, notice and penalty 212 Railway Commissioners may, on report of inspector, delay opening.... 213: Passenger may be a witness on his own behalf 200' Passengers and goods to be carried on payment of fare or freight 200' Company liable for neglect or refusal 20* Passengers refusing to pay fare may be pnt out 201 To have no claim if injured when on platform of cars , 201 Servants to wear badges 20O Trains to start at regular hours 200 Train to stop before passing over a swing-bridge 213 Railway Oomnaissioners., Office a.bolished 294 Powers and duties vested in Commissioner of Agriculture and Public Works... 294 Statutes repealed 294 Railway Companies. Quebec, Montreal, Ottawa and Occidental. Application of Railway Act, 1869 231 Appropriation of price of sale 292: Assignment ofMontreal, Ottawa and Western Railway Company, confirmed. 230 Berthier branch may be acquired. 245. Bonds issued by Commissioners, &c 235 SinkingFund and redemption '■ 237 Branch railways 229' Canada Central, arrangisments with 234 Commissioners of railway 229 Designation, responsibility of. 229' 710 GENERAL INDEX. Pagii Railways. — Continued. Railway Companies.— C^wz/wwi/. Quebec, Montreal, Ottawa and Occidental. — Continued. Commiasioners of railway. — Continued. Power to borrow $3,000,000 235 To represent rights of shareholders 239 To take sums to complete road 327 Construction and locution of road 229 Of the poi-tion between Aylmer and Pontiac 233 Application to Parliament for 231 Control of construction and management vested in commissioners 229 Control of rail way rested in Commissioner of Agriculture and Public Works. 294. Directors abolished 239 Employees of Commissioners 230 Engineers 229 E.'cccutive Council, report of, ratified 243 Expropriations 232 and fol. Federal Legislation may be asked for 239 Cieiioral investment in the road 239 Grand Trunk Railwayj branch to connect Q. M. 0. & 0. with it 244 Gi ant by Dominion for construction of this railway appropriated to payment of consolidated debt 336 Grants of lands repealed 235 Hnll bridge, construction of, authorized 241 Joliettc branch maybe acquired 245 Letters and reports of Executive Council 251 and fol. Line of railway, changes in, ratified 244 Line of road 232 Loan of $3,000,000, by commissioners, authorized ^ 235 Location of railway, extent branches 244. Macdonald contract, confirmed 231 Guarantee of his sub-contracts 326 McGreevy contract, confirmed 231 Montreal corporation, minutes of, respecting railway 246 and foL Resolutions, ratified 243-244 Terminus at 244 Municipal grants 239 Balance payable to commissioners 238 North Shore Railway Company, resolutions, ratified 243-244 Pontiac and Pacific Railway, bonus 2T6 Portion between St. Vincent de Paul and St. Martin's Junction, rendered permament 244 Rights of individual shareholders vested in the commmissionerg 239 Road considered public property 229 Sale of road. Appropriation of price 292 Sale of Eastern Section to a syndicate 274 Agreement and contract with city ofQuebec 276 Contract of sale and ratification 274 Debentures of city of Three Rivers 276 Name of syndicate 275 Powers of syndicate 275 Privilege of bailleura de/onds 275 Sale of Western Section to Canadian Pacific 257 Contract of sale and ratification 258 Mortgages declared valid 258 Sale of certain tiVftttChes, continued 259 GENERAL INDEX. 711 PaoB Eailways.— Contifmed. Rail-way Companie s. — Continued. Quebec, Montreal, Ottawa and Occidental. — Continued. Ste. Ther^se branoli may be, built 245 Terminus at Montreal 244. Trustees and their powers 236 Railway Fund, consolidated. Advance of $3,000,000 to commissioners of Q. M. 0. & 0. Railway 225 Advance of $3,116,956 22T Bonds issued by commissioners 225 Composition of fund ■. 225 Investment or sale of municipal bonds belonging to fund 22T Provincial loan of $3,000,000 authorized instead of commissioners' loan 227 IRailAvay Subsidies. Appropriation of Dominion grant forrailways 80-336 Companies having allowed their charters to lapse, their subsidies divided amongst Levis and Kennebec, St. Francis and Megan tic, International, Quebec Central, South Eastern. (40 V., c. 3, s. 4) 325 Companies subsidized. Baie des Chaleobs. Subsidy of 10,000 acres of land per mile. (36 V., c. 42, s. 1) 310 Conditions of grant. (36 V., c. 42) 310 and fol. Subsidy of $2 ,500 per mile. (3'( V., o. 2, s. 1) 313 Conditions of grant. (37 V., c. 2, ss. 1 and 6) 312-314. Subsidy of $1,500 per mile. (38 V., c. 2, s. 1) 320 Subsidy to road from Paspebiac to Gaspe. (51-52 V., o. 91) 346 Conditions of grant , 346 Beauharnois Junction. Subsidy of $5,000 and 5,000 acres per mile for road between St. Martin and St. Anioet and $50,000 for bridge on Chateauguay River. (51-52 V., c. 91) , 343 Boston, Concord and Montreal Road, to give 3,000 acres per mile. (45 V., c. 23) 332 ■Champlain and St. Lawrence. — &«Philipsburg,ParnhamaudYamaska. Drdmmond County. Subsidy of $4,000 per mile for road from Drummondville to Nicolet. (51-52 v., J. 91) 345 ■Great Eastern. Subsidy of $4,000 per mile for 8 miles and bridge on Nicolet River at St. Gregoire. (51-52 V., c. 91) 345 ■Great Northern. Subsidy of 4,000 acres per mile for road from Ste. Julienne to Mont- calm. (51-52 v., 0.91) : 345 Hbrepobd. Subsidy of 4,000 acres. (51-52 V., c. 91) 346 Lake Champlain and St. Lawrence Junction.— . Subsidy of $5,000 and 5,0P0 acres for road from St. Felix de Valois to St. Gabriel de Brandon. (51-52 V., c. 91) 344 Subsidy of 4,000 acres for road from St. Felix de Valois to St. Jean deMatha. (51-52 V.,c.91) 344 Montreal and Sorel, $2,500 per mile. (51-52 V., c. 91) 345- IfONTREAL AND WESTERN RAILWAY. Subsidy cf $1,500 per mile for a road from Ste. Adfele to Ste. Agathe. (49-50 V., c. 77) 340 Subsidy of $5,000 and 5,000 acres under certain conditions. (51-52 v., C. 91)..i 344 Montreal, Chambly and Sorel. S'.e Montreal, Portland and Boston. Amalgamation under this name with Missisquoi Junction by 37 V., c. 24. Subsidy of $1,000 permilebefore amalgamation. (37 V.,c.2, a. 1). 31? Conditions of grant. (37 V., c. 2, s. 8) 314 Subsidy changed and applied to Montreal, Portland and Boston, for road Did Ctambly, West Farnham and Frelighsburg to the frontier. (39 V., c. 3, a. 4) 322 GENERAL INDEX. 71,^, _ ., Page. Railways .— Continued. Railway Sabsidies.— Cc«ft««(r(/. Companies subsidised. — Continued. MONTBEAL NOBTHEKN COLONIZATION. Sudsidy of $5,000 per mile convertible after completion of one half or the whole of the road. (32 Y.,c. 52; 33 V., c.35; 35 V., c.22, and 36 V.. c. 42, s. 8) 295, 296, 297, 299, 306-308 and foU. Subsidy of 10,000 acres per mile for road from Aylmer to Montreal. (34 V., c. 21,8.5) 301 Subsidy of 10,000 acres per mile for road from Aylmer to Deep River. (36 v., c. 42, s. 3) 311 Conditions of grant. (36V.,c. 42, s. 4) 311 Subsidy of,$2.,500 per mile (branch line). (37 V., i;. 2, s. 1) SIS'- Conditions of grant. (37 V., c. 2, s. 8) 314. Subsidy of $751,366 as a loan for road from Aylmer to Montreal and from Aylmer to Deep River. (37 V., c. 2, s. 9) 315-316; Conditions of loan an,d advances. (37 V., c. 21) 315 to 317" Subsidy of $1,500 per mile (for St. Jer6me branch). (38 V., c.2, S. 1) 321 Subsidy of $30,000 (for junction bridge in Pontiac). (38 V., o. 2, s. 7) 322; Montreal, Pohtland and Boston. Formerly Montreal, Chambly andSorel. Subsidy altered by 39 V., c. 3 322' Subsidy increased to $4,000 per mile by>40 V., u. 3, s. 3, for road from River St. Lawrence to the frontier jn'S Chambly, West Farnham and Frelighsburg 325- North Shore. Subsidy of 2,000,000 acres to continue road and Grandes Piles road. (34 V., c. 21) 300- Subsidy in the form of a loan of $1,248, 638 for North Shore Railway, Grandes Piles and line of steamers. (37 V., c. 2, s. 15) SIT I Conditions of loan and advances. (37 V., c. 2, s. 16 and fol.). 317 Ottawa and Gatinbau Valley. Subsidy of $5,161 per mile in addition to Federal subsidy. (51-52 v., c. 91) 345- Philipsburg, Farnham and Yasiaska. Subsidy in money by 36 V., c. 42 311 Conditions of grant 312'. Subsidy of$2,500 per mile. (37 V., c. 2, s. 1) 31»-. Conditions of grant. (37 V., c. 2, b. 8) 3U' Subsidy of $1,500 per mile. (38 V., c. 2, s. 1) 321 Lake Oharaplain and. St. La-wrence Junction — name changed to this by 39 V., o. 54 Subsidies in part replaced by 49-50 V., c. 77 341i Pontiac, Paoifio Junction. Subsidy of $6,000 per mile. (51-52 V., c. 91) 341' Quebec and Gospobd. Subsidy of $5,000 per mile convertible after completion of one half- or the whole of the road. (32 V., c. 52) 295- Quebec and Lake St. John — name changed by34 V.,c. 24, s. 1. Subsidy of 10,000 acres per mile. (35 V., c. 23, s. 5) 307 Conditions of grant 307 Revocation of such subsidy, owing to option of a money subsidy. (38 V., c. 2, s. 3) 321? Subsidy continued after change of name. (35 V.,c. 23, s 7). 308 Subsidy of $2,500 per mile. (37 V., c. 2, s. 1) 313: Conditions of grant. (37 V., c. 2, s. 7) SU 714 GENERAL INDEX. Pagh Railways. — Contimted. Railway Subsidies. — Continued. Companies subsidized. — Continued. Quebec and Lake St. John— name continued, t38 v., c. 46) ; name coafirmed, (4.6 V., c. 88). Subsidy of $1,500 per mile. (38 V., c. 2, s. 1) 320 Conditions of grant 321 Subsidy of $1,500 per mile. (45 V., c. 23, s. 1) 330 Subsidy of $1,000 as advance. (4'r V., c. 70, s. 3) 336 Subsidy under 45 V., c. 23, convertible by 49-50 V., c. T6 337 Subsidy in land by 51-52 V., c. 91 343 Conditions of grant 343 Quebec and New Bbdnswick. Subsidy of 10,000 acres. (34 V., o. 21, b. 8) 301 Conditions of grant 302 Subsidy of $2,500. (37 V., c. 2, s. 1) 313 Conditions of grant. (37 V., t. 2, s. 4) 313 Quebec Central. See Levis and Kennebec. See also Sherbrooke, Eastern Townships and Kennebec, which are now known under the name ofthe Quebec Central. (38 V., c. 45). QoEBEc Frontier. Subsidy of $2,500 per mile. (37 V., u. 2, s. 1) 313 Subsidy of$2,500 continued. (38 V., c. 2,3. 4) 321 Quebec, Montmorency and Charlevoix. Subsidy of 4,000 acres per mile. (45 V., c. 23) 332 Subsidy of $4,000 per mile. (51-52 V., c. 91) 345 Richelieu, Drummond and Arthabaska. Subsidy of $5,000 per mile convertible after completion of one half or the whole ofthe road. (32 V., c. hi ; 34 V., c. 21, s. 14) 295-302 Conditions of grant 295-302 South-Eastem —amalgamation under this name by 36 V., c. 61. Subsidy of $2,500 per mile for Richelieu, Drummond and Arthabaska, and $1,000 for roa 1 before amalgamation. (37V., c. 2, s. 1) 313 Conditions of grant. (37 V., c. 2, e. 8) 314 Subsidy of $2,500 per mile to South-Faitem applied to road from Sorel to Sutton Junction vid Waterloo. (39 v., K^. 3,8. 5) 323 Sherbrooke, Eastern Townships and Kennebec. Subsidy of $5,000 per mile convertible after completion of one half or the whole ofthe road. (32 V., c. 52) 298 Conditions of grant 295 and fol. Subsidy of $2,500 per mile. (37 V., c. 2, s. 1) 31.T Conditions of grant. (37 V., c. 2, s. 8) 314 Quebec Central — new name by 38 V., c. 45. Subsidy of $1,500 per mile. (38 V., c. 2, s. 1) 321 Conditions of grant 321 Subsidy of $1,000 per mile as an advance. (40 V., c. 3, S. 1) 325 Subsidy of $1,000 per mile as an advance. (41 V., c. 2, s. 1) r 327 Conditions of advances 325-327 Subsidies of Levis and Kennebec, continued to Quebec Central. (44i45 V.,c. 3, s. 1) 329 See Levis and Kennebec — line transferred to Quebec Cen- tral by 44-45 v., t. 40. GENERAL INDEX. 715 ■D .1 Pace iiS.iXWa.YS.— Continued. Bailway Subsidies.— Cok/to^^i/. Companies' mbsidized. — Continued. St. Pranois and Mebantio Intkenational. Subsidy of $5,000 per mile convertible after completion of half or whole of road. (34 V., c. 21, s. 13) 302 Conditions of grant 302-306 Subsidy of 10,000 acres per mile. (35 V., c, 23, s. 2, and 36 V., C. 42, s. 9) 307-312 Conditions of grant. (35 V., c. 23, s. 4) 307 Revocation. of this grant in view of option of money subsidy. (38 v., c. 2, 8. 3) 321 Subsidy of $2,500 per mile. (37 V., c. 2, s. 1) 313 Conditions of grant. (37 V., c. 2, s. 5) 314 Subsidy of $1,500 per mile additional. (38 V., c. 2, a. 1) 320 Conditions of grant 321 Subsidy of $1,000 permile as advance. (40 V., c. 3, a. 1, and 41 V., c. 2, s. 1) 325-327 Subsidies of companies whose charters have lapsed, given to it and other companies. (40 V., o. 3) 326 St. FnANCis Valley and Kennebko. Subsidy of $5,000 per mile convertible after completion of half or whole of road. (32 V., l. 52, 3. 7) 298 Conditions of grant 297, 298-306 Grant revoked. (34 V., c. 21, o. 13) 302 Sodth-Eastern. i&e Richelieu, Drummond and Arthabaska, with which it is amal- gamated, under name of South-Eastern, by 36, V., c. 51. South-Eastern Cohnties. — Idem. TEMiaCOtlATA. Subsidy of 10 ,000 acres to reach New Brunswick frontier. (51-52 V., 0. 91) 346 Three Rivers and North-Western. Subsidy of 5,000 acres for road from Thrse Rivers to Mattawin. (51-52 v., c. 91) 345 Three Rivers to Grandks Piles. Subsidy of $5,000 per mile convertible after completion of half or whole of roal. (32 V., c. 52) 298 Conditions of grant 298, 299, 302-306 Grant revoked. (34 V., c. 21, s. 4) 300 jSec North Shore Railway with which this road is amalgamated by 34 v., c. 21, s. 2 300 VAnDREDIL AND PrESCOTT. Subsidy of 10,000 acres per mile. (51-52 V., c. 91) 346 Waterloo and Magog. Subsidy by 36 V., c. 42, s. 6 311 Subsidy of $2,500 per mile by 37 V., c. 2, s 1 313 Conditions of grant. (37 V., c. 2, s. 8) 314 Subsidy increased to $4,000 per mile by 40 V., c. 3, s. 3 325 Conditions of grant 325 Conversion of subsidies 326 Guarantee by Government 328-335 Interest to be allowed on deposits, &c 336 Proportion of debentures given 336 Dominion grant for railways, appropriation of 80-336 7,1,6, GENERAL INDEX. Pagbe Railways . — Cent in ued. Railway Snbsidies. — Continued, Provincial bonds to pay railway subsidies 324r Debentures, their form, &o., sinking fund 324 Loan of £860,000 authorized , •■ 324 Loan of jESOOjOOO authorized, 328 E'nplpyment of moneys borrowed 324-329 Power to aubstitute issue of bonds fpr £878,600 328 Roads. — Power to substitute iron for wood. (34 V., c. 21) 302 Roads subsidized. From Assomption to St. Jacques de I'Achigan. (49-50 V., c. 77) 342 Buckingham and Rockland to Ayliuer. (45 V. c. 23) 331 Hull to Desert. (45 V., c. 23) 331 Lachute to St. Andre. (45 V., c. 23) 331 L'Epiphanie towards L'Assomption. (45 V., c. 23, and 49-50 V., C.76) 332-342 Louiseville to Mattawa. (45 V., c. 23) 332 Marieville to St. Paul d'Abbottsford. (45 V., c. 23) 33» Metapedia to Gaspe Basin. (45 V., c. 23) 331 New Glasgow to Ste. Julienne. (49-50 ,V., c. 77, s. 8) 341 Piles to Lake Edward. (45 V., c. 23) 331 Quebec to Lake St. John. (45 V., c. 23) 330' Rivi6re-du-Loup to New Brunswick. (45 T., c. 23) 331 River St. Charles to Murray Bay. (45 V., c. 23) 332 St. Andre to Lachute. (49-50 V., c. 77) .' 340 Ste. Adele to Ste. Agathe. (40-50 V., c. 77) 340. St. Felix de Valois to Brandon. (45 V., c. 23, and 49-50 V., c. 77) 332-341 St. Felix de Valois to St. Jean de Hatha. (51-52 V., c. 91) 344 St. Jerome to Ste. Agathe. (45 V., c. 23) 331 St. Lin to Ste. Julienne. (45 V., c. 33)...: 332 Yamaska to Doucet's Landing. (49-50 V., c. 77) 340 , In Leeds towards Quebc; Central. (45 V., c. 23) 332 In Wentworth. (45 V., c. 23) 331 On the frontier to Hall's Stream. (45 V., c. 23) 332 Subsidy by Federal Government to Provincial Government for Q.,M. 0.^0 336 Appropriation of grant 337 Sum to be paid into certain fund 337 Application of capital and interest 337 Rendering account to Her Majesty 337 Railways, issue of provincial debentures for 80-324 Subsidies to 81-295 Batification of certain proceedings in liquidation of building societies 4S8 Real property and rights 373 Recorders' Courts, appeal from judgments of. ,Sae Federal Act 32 V., c. 37, s. 2, and the Recorders' Courts mentioned at pages 141 and 142 of this volume. Records of Circuit Courts whose appellate jurisdiction is transferred to Superior Court.489-490 Records of court-houses destroyed by fire. — See Judicature. Refonned Episcopal Church in Canada, registers of civil status 443 Registers of civil status, deposit of, legalized....! 448 In Cathedral of Montreal 440 OfSt. Hyacinthe... 441 Of Three Rivers 441 In Catholic Apostolic Church 441 Ih Reformed Episcopal Church in Canada 44S In Rimouski, doubts removed 45S In Scandinavian Church 444 GENERAL INDEX. 71*7 > u Page Registers of civil status. — Continued. In Ste. Marie deMonnoir 451 In St. Hubert 439 In Villa Maria, Montreal 454 Repeal 6f title "20 of ordinance of 1667 as to atithentication 446 Whichtvere not authenticated on 24tli December, 1872, manner of authenticating them ;. 450 Registers of HiarriftgBs kept by Quakers 456 Eegisters, duties with respect to dowers and servitudes not registered on SOth June, 1881 431 to 435 Their books, &c 430 and fol. Hegistration and books kept by registrars. Certain registrations declared valid 429-430 Part of Acton to belong to registration division of Bagot 429 Part of Kildare to belong to registration division of Montcalm 430 Part of St. Hyacinthe-le-Confesseur to belong to registration division of county.... 430 Part of St. Jacques-le-Mineur to belong to Huntingdon 430 Registration division of Montreal, division of 436 Fees exigible in 23 Registration of customary dowers and servitudes in cases not provided by law.'431 to 435 Registration of municipal and other debentures.... 157 Registrations rendered valid 474 ■Registry office atMalbaiefor county of Charlevoix 438 At Tadoussacfor county ofSaguenay 438 Of Bonaventure, certain illegalities remedied 467 Of county of Ottawa, certain illegalities remedied 467 Transferred from Aylmer to Hull 437 Of Rimouski No. 2, illegalities remedied 467 Registry offices ofMontreal and Quebec 436 Religious Associations. Acquisition of property 144 Registration of titles 144 Effect of 145 Omissions remedied 145 Pending cases 145 Beligious Matters. Canonical parishes in Gaspe, confirmed 146 Notre-Dame, Grande Rivifere ••.. 148 Notre-Damede Pasp6biac 149 St. Joseph du CapDfesespoir 147 St. Martin, Rivifere-au-Renard 146 St. Michel, Perce 147 St. Patrice de Douglastown 146 St. Pierre, Malbaie 147 Parishes civilly erected 151 Religious test not required for public officers 55 nentes consiUu^es .—See Feudal Rights and Duties. Repeal of certain unconstitutional acts and enactments 12 Replacing of originals of destroyed statutes 17 Clerk of Legislature authorized to procure copies of statutes, the originals whereof were destroyed in April, 1883, and deposit them in his office 17 Metrait conventionnel.—See Feudal Rights and Duties. Setraitlic/naffer,a,homionof ■:"-irZ""'""7T ^"Z ^11 Return by municipalities indebted to Consolidated Municipal Loan Fund 79 Bevised Statutes of the Province of Quebec, act respecting. Actions, acts, marriages, offices, penalties, &c., anterior to repeal of provisions in appendix A, to remain valid 21 Annex, acts and parts of acts modified 23 718 GENERAL INDEX. Pagb Revised Statntss of the Provincs of Qnsbao, act rasp3Cting.— Conlinuetl. Certain matters anterior to repeal of provisions in appendix A not affected by repeal 21 Citation of revised statutes 22 Copies by Queen's Piinterto be evidence 22. Distiibution of 22 Correction of errors 19 Deposit of certifijd corrected roll, comprising acts of 1887 and modifications to Appendix A 20 Biiglioh and French vpisions, proviso when different 22 How construed if they differ from repealed statutes 22 Insertion of acts of 1887 in roll (Appendix A) 20 Effect of insertion 22 Interpretiuion of act. (50 V., c. 5) 22 Marginal notes, references, &c., proviso 19' Not to be considered as new laws 21 Original roll of statutes certified and deposited 19 Printing of act. (50 V., c. 5) 22 Proclamation declaring revised statutes in force 20 Effect of 20 References to repealed acts in former acts 22 Repeal of provisions mentioned in appendix A 20 Effect of repeal 20 Roll (appendix A) to be delivered by Clerk of Legislature 20 Revision of judgments and tariff of fees 4.88 Rimouski, Circuit Court. Appealable cases transferred to Superior Court 489 Transfer of records 489 Rimouski, registers of civil status, doubts removed 453 Rimouski; second registration division, certain illegalities remedied 467 Royal Institution for advancement of learning. Burnside Hall, certain amount may be expended to pay indebtedness on it 120 Deeds granted may be cancelled 120 Investment of funds 120 Masters of free schools appointed by Governor 119 McGill College 119-122 Sale of property of 119 Redemption of ground rents 119 Sale of property by institution and investment of proceeds 119-120 Trustees of the institution. Corporation of 117 By-laws male by 118 Officers 118 President '. 118 Revenues, employment of 120 Property vested in them 117 Rules of practice before courts of criminal jurisdiction. — See Federal Aet 52 V., c. 40, andR.S.Q., art. 2446. Rural districts, sale of immovables in 472 s Sacrament, public ofiSoers not obliged to take 65 Saguenay and Charlevoix. Registry office for Charlevoix at Malbaie 438 For Saguenay at Tadoussac 438 Sale and management of public lands 457 GENERAL INDEX. 719' Sale of immovables in rural districts 472 Scandinavian Church, registers of civil status 444. Seigniorial Act.— See Feudal Eights and Duties. Seigniorial Court do Seigniorial rights do Seigniorial tenure do Seizures for debt, exemption of certain articles from 487' Seminary of St. Sulpice. Corporation constituted 4j0 Admission of member* 4j0 Corporate rights 410. Titles confirmed ^n -fVe/sand seigniories of.— See Feudal Rights and Duties 399. Servitudes not registerpd on 30th Jnne, 1S81 431 to 435 Sessions of the Peace 129^ Settlers' act, encourage settlement of Crown lands 108 Relief of. HO Side-lines in Bristol, confirmed 43 Side-lines in Clarendon, established and confirmed 42 Sign-boards on railways. — See Railways. Sherbrooke, city of. (39 V., c. 33).— S^e Unconstitutional Acts I4 Sheri St. Hyacinthe Circuit Court. Appealable cases transferred to Superior Court 439 Transfer of records 489- St. Hyacinthe, registers of civil status 441 St. Hyacinthe: — See Registration. St. Jacques-le-Mineur. — See Registration. St. John's Circuit Court. Appealable cases transferred to Superior Court 489- Transfer of records 489 St. Joseph de la Pointe Levis, parish of 29- Certain portion annexed to county of Levis for registration purposes 29 Copii?s of certain documents may be procured from Bellechasse for the registry office 29 Effect of copies 30 How such copies shall he made and kept and for what purposes 29 Registrar of Bellechasse bound to furnish copies 30 His fees 30 Students who took part in North-West expedition 153-154 Subsidies to railways .—S«c Railways 81-295. Successions, sales of movables belonging to, rendered valid 471- Summoning of insurance companies '. 491; ■720 GENERAL INDEX. Page Superior Court. — See Judicature. Superior Education Fund. A sum of money equal to constituted rents representing lode et ventes of seigniories of Jesuits' Estates to be paid out of Consolidated Revenue Fund to it 398 Surveys confirmed 1^2 Surveys in Lingwick, Bury and Orford, eonfirmed 38 T Tadoussac, registry office at ^38 ■fariff of advocates' fees in cases of review 488 Territorial division 24 Three Rivers, city of. (38 V., c. 76).— See Unconstitutional Acts 12 Registers of civil status in Cathedral ;— 441 Titles in Grenville, settlement of •- 44, 45^7 Titles of certain persons naturalized under 1 W. IV, c. 53, secured 446 Titles to property in Graspe 457 Adjudications under 59 G. Ill, c. 3, duly entered, to have effect of grants from the Crown 461 Appeal from judgment declaring instrument not bond fide executed 459 Duty of judge in such cases 459 If judgment reversed, the court above to give order 459 Authentication of instruments before their registration 458 False or immoral actes or contracts 460 Fees to prothonotary for enrolling instrument 460 Free grants under 10-11 V., c. 30, valid 462 Instruments executed after 1st May, 1840 461 Executed between 9th March, 1824, and 1st May, 1840 461 Executed if there were two notaries practising In county 461 Executed with certain formalities to have effect from day of execution 460 Which have effect as though notarial 458 Registers. Duplicate registers of commissioners under 59 Geo. Ill, c. 3, to be deposited in office of Provincial Court 462 Original to be deposited in office of Executive Council 462 Title of ownerships rendered valid 45Y and fol. Tolls on railways. — See Railways. Township lands held in common, partition of 420 Townships erected or annexed under special act ' 501 Traffic on railways. — Sec Railways •Treasury Department. Appropriation of grant from Dominion for railways 80-336 Appropriation of price of sale of Q. M. 0. & R. R 79-292 Consolidated Railway Fund 80-22'? Conversion of the public debt 85 Issue of provincial debentures 81-82 Issue of provincial debentures for railways 80-324 Jesuits' Estates, settlement of 86 Return to be made annually by municipalities indebted to Consolidated Municipal Loan Fund 79 Subsidies to railways 81-295 Turnpike roads. Montreal S^T Montreal and Cliambly 619 Quebec , 504 Unconstitutional Acts, &o., repealed 12 Atlanticlns. Co. of Montreal. (38 V., t. 81) 13 Hull, city of. (38 v., c. 79, s. 91, § 5, ss. 130, 166) 13 GENERAL INDEX. 72J __ Pagb unconstitntional Acts, &o., repealed.— C<7H/;«»if