CAP. CI. Preamble. cited. An Act to correct a Clerical error in the English Version of the Act of last Session, WH HEREAS a Clerical error occurs in the English Version of the Act passed in the Session of the Legislature held in the thirteenth and fourteenth years of 13 & 14 Vict. c. 96, Her Majesty's Reign, and intituled, An Act to repeal certain provisions of an Act passed in the last Session of the Provincial Parliament, and intituled, An Act to consolidate 'the Laws relative to the powers and duties of the Trinity House of Quebec, and for • other purposes, and to exempt Masters of Vessels belonging to Lower Canada from taking Pilots in certain cases,' and it is expedient to correct the same so as to make it conformable to the French Version, in which the same error does not occur: Be it therefore declared and 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 Government of Canada, and it is hereby declared and enacted by the authority of the same, That the Act first above cited shall be construed and have effect as if the words "one hundred and twenty-five tons," had been, at the time of the passing of the said Act, inserted in the English Version thereof, instead of the words "one hundred and twenty tons." In the English version Preamble. 13 & 14 Vict. c. 40, cited. CAP. CII. An Act to amend an Act passed in the thirteenth and fourteenth years of Her Majesty's WHE [30th August, 1851. ] HEREAS it is provided and enacted by the second section of an Act passed in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to repeal two certain Acts therein mentioned relating to Agriculture, and to provide for the remedy of abuses prejudicial to Agriculture, "that no person shall enter into or pass through any field, whether it be sown or unsown, nor along the banks of any "river or rivulet, nor into nor through any garden, coppice, or other property whatsoever, "without the permission of the proprietor, or some person duly authorized by him to "grant such permission, under a penalty of not less than Five Shillings, nor more than "Thirty Shillings currency for every such offence, and over and above the amount of "all damages occasioned thereby," and it hath been represented, that the aforesaid provision is a great impediment to Lumberers, and others engaged in the conveyance of Timber down rivers navigable and used therefor in this Province; And whereas the Lumbering Business, Manufacture of Wood, and Trade in Timber, are of great importance, and it is therefore necessary to secure to such Lumberers and others, every facility and convenience which the Laws of the Province afford for the driving and safe conveyance by water of such Wood or Timber in Rafts or otherwise, whether for fuel or for mercantile purposes, from the places where manufactured to the market: 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 Government of Rivers, Rivulets, &c. in L. C, made free to the public in a certain case, of Canada, and it is hereby declared and enacted by the authority of the same, That CAP. CIII. An Act to amend the Act to continue and amend the Ordinance concerning the erection of Parishes, Churches and Church-yards, in Lower Canada. WHE [ 30th August, 1851. ] HEREAS it is expedient to amend the Act passed in the Session held in the Preamble. thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act 13 & 14 Vict. c. 44. to continue and amend the Ordinance concerning the erection of Parishes, and the construction and repairing of Churches, Parsonage Houses, and Church-yards, and the Ordinance of the Governor and Special Council of the late Province of Lower Canada, passed in the third Session of the said Council, held in the second year of Her Majesty's Reign, and intituled, An Ordinance concerning the erection of Parishes, L. C. 2, Vict. c. 29. and the building of Churches, Parsonage Houses, and Church-yards, in the manner hereinafter mentioned: 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 Government of Canada, and it is hereby enacted by the authority of the same, That all sums which by the said Act and Ordinance the Trustees appointed or hereafter to be appointed under the said Act or Ordinance, are or shall be authorized to levy by assessment for the purposes of the said Act and Ordinance, shall hereafter be payable by the parties assessed under the said Act and Ordinance, in twelve equal instalments, instead of in the manner by the said Act and Ordinance provided. Sums authorized to be made payable by instalments, levied by assessment are necessary to pay the expense for building a church, &c., No more instalments than shall be called in. II. And be it enacted, That whenever a less sum than that payable by virtue of any such assessment for the construction of a Church in any Parish or Mission, or any other of the purposes of the said Act or Ordinance, shall be found sufficient for the construction of such Church or for such other purpose, it shall not be lawful for the said Trustees to call in any instalment remaining due after such sufficient sum shall have been paid in, unless any fraction of any such remaining instalment shall be required to complete the construction of such Church, or for such other purpose, when Exception. and in such case it shall be lawful for the said Trustees to call in the whole of such instalment, any fraction whereof may be so required; and the balance of such instalment so called in, after deducting therefrom such fraction or part as aforesaid, shall be paid over and applied as provided by the said Act or Ordinance. III. And be it enacted, That the said Trustees shall render a true and faithful account, once in every year, of the expenditure of the moneys entrusted to them, and of the moneys and material due to them or in their hands, and of all their proceedings for Trustees to render accounts yearly: and at what time, Proviso. Agents to be appointed for compelling the Trustees to render fail to render the same. for and in respect of the said moneys and materials; and the said account shall be so rendered on the first Sunday in December in every year, at a meeting of the inhabitant freeholders to be held in the Sacristy of the Parish or Mission, or in the Church if there be no Sacristy, or in the public Place if there be no Church nor Sacristy, immediately after High Mass on the said Sunday, notice having been given from the pulpit of the Church or Chapel in the Parish or Mission, by the Curé, or other person administering the said Parish or Mission, on the two previous Sundays or at any hour appointed, notice having been given in some public place of the Parish or Mission, if there be no Church nor Chapel, and the first meeting for the rendering of such accounts by the said Trustees under this Act, shall take place on the first Sunday in December next after the passing of this Act, and on the same day in every year thereafter, due notice as aforesaid being given on the two Sundays previous: Provided always, that when from any unavoidable accident, or other circumstance, any such meeting shall not be held on the said first Sunday in December, the same may take place on the second or on the third Sunday in the same month. IV. And be it enacted, That if the said Trustees shall fail or neglect to render such accounts at such meeting on the said first, second or third Sundays in December such accounts, if they next, or on either of the same days in any year thereafter, it shall be lawful for the inhabitant freeholders of the said Parish or Mission to assemble together at the said Sacristy, Church or Public Place as hereinbefore mentioned for the rendering of the accounts (at least eight day's notice of the time and place of such meeting having been given from the pulpit by the Curé, or person administering the said Parish or Mission, or if there be no Church nor Chapel, then in a Public Place, on a requisition being made to him for that purpose by any three inhabitant householders), for the purpose of electing from among themselves three Agents to demand the said accounts from the said Trustees, and sue for the rendering of the same before any Tribunal of competent jurisdiction, in case they shall be authorized so to do, at a meeting to be held as hereinafter provided. Agents may sue for rendering accounts if authorized at a meeting at which they ceedings. V. And be it enacted, That the Agents so appointed shall demand from the said Trustees the accounts which have not been rendered, and if the same be not rendered to their satisfaction within thirty days after being so demanded, the said Agents shall shall report their pro- make a report accordingly at a meeting of the said inhabitant freeholders, to be called by the said Agents and held as aforesaid, by a notice under their Hand, published and posted at the Church door, or other public place of the Parish or Mission, at least eight days previous to such meeting; and if upon the report of the said Agents, the majority of the persons present at such meeting shall decide that the said Agents shall sue for the rendering of the said accounts by the said Trustees, the said Agents shall, and they are hereby authorized to sue by their name of office, and without otherwise naming them or any of them, for the rendering of the said accounts by the said Trustees, and the costs of such action shall be advanced out of the funds of the Fabrique of the said Parish or Mission; in the event of the said Agents failing to obtain a judgment in their favor, with or without costs, then the Agents shall pay the said costs out of the funds in their Hands, and if they have no funds, they shall levy the said costs by an assessment on the Parish or Mission, which assessment shall be made, advertised, deposited, presented and homologated in the same manner as other assessments which they are already entitled to make, but the assessment herein mentioned shall be levied in one single payment; and no such action shall abate or be discontinued by the decease of any of the Agents or their going out of office, but shall be continued by the other or others, with or without any new Agent or Agents, or a meeting may be called and a new Agent or Agents elected in manner aforesaid, but the action shall not thereby be discontinued or abated, but shall proceed as if no change had taken place in the persons being the Agents; Provided always, that any Court before which any such action shall be brought shall be authorized, if it shall deem it equitable, to condemn the said Trustees personally to pay the costs in their capacity as Trustees. Proviso. VI. And be it enacted, That the names of the said three Agents so chosen shall be What shall be primâ borne upon the Registers of the said Parish or Mission, and an extract therefrom duly facie evidence of apcertified by the Curé or officiating Curé or first Churchwarden in office, of the Fabrique of the said Parish or Mission, shall be prima facie evidence in all Courts of Justice, of the election and appointment of such Agents, and of their authority to sue for the rendering of the said accounts. shall sue. VII. And be it enacted, That the name under which the said Agents shall bring any Name in which they such action, shall be "the Agents of the Parish (or Mission) of (name of Parish or Mission.)" Act. VIII. And be it enacted, That if any person whosoever shall fail or neglect to Penalty for obstructperform any of the duties required of him by this Act, or shall directly or indirectly ing execution of this obstruct the performance of the said duties, he shall be liable to a penalty not exceeding Five Pounds, currency, recoverable before any Justice of the Peace of the District. enactments. IX. And be it enacted, That so much of the Act and of the Ordinance above Repeal of inconsistent mentioned as shall be repugnant to the provisions of this Act, shall be and is hereby repealed. CAP. CIV. An Act to amend the Act for the encouragement of Agriculture in Lower Canada. [30th August, 1851. ] Preamble. THEREAS for the greater advantage of Agriculture in Lower Canada, it is expedient to amend the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned, and better to encourage 8 Vict. c. 53. Agriculture in Lower Canada, by the establishment of Agricultural Societies therein: 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 Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for each Agricultural Society, whether of a District or of a County or division of County, to fix such time during the course of any year for holding their Public Shows, as such Society shall deem best for the advancement of Agriculture; any thing in the sixteenth section of the said Act to the contrary notwithstanding. II. And be it enacted, That the Act above cited, as amended by this Act, and by Duration. any other Act of the Legislature, shall remain in force until the first day of January next, and from thence to the end of the then next ensuing Session of Parliament, and no longer. Each Society may fix CAP. CV. An Act to amend the Act incorporating the Members of the Medical Profession in [ 30th August, 1851. ] THEREAS it is expedient to amend an Act passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to incorporate the Members of the Medical Profession in Lower Canada, and to regulate the Study and Practice of Physic and Surgery therein, to afford relief to the persons hereinafter named, who were in practice as Physicians and Surgeons in this Province at the time when the said Act became Law, and who have been omitted to be included among the 254 Members Preamble. 10 & 11 V. c. - Proviso. Preamble. 230,000 acres land to be set apart for Indians in L. C. And be vested in Members of the Corporation thereby established: 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 Government of Canada, and it is hereby enacted by the authority of the same, That the persons following, to wit: Joseph Ford, Benjamin Damon, Lathrop Shirtleff, Amos Lay, Jeremiah Lovejoy, George O. Somers, Chester William Cowles, Stilman S. Kendall, and Nathaniel Jenks, resident in the County of Stanstead, and Abraham Perkins Silver, Hiram Glines, Richard Norris Webber, Simon French Rankin, Asher Rodgers, Simon Mallory, Benjamin Libbee, and McDougall, resident in the County of Sherbrooke, who were practising as Physicians and Surgeons and Accoucheurs in Lower Canada at and for a long time prior to the twenty-eighth day of July, in the year of our Lord one thousand eight hundred and forty-seven, when the said cited Act became Law, whose names have been omitted to be included in the said Act as Members of the said Corporation, shall be, from and after the passing of this Act, exempted from incurring any liability to prosecution, and shall not be subjected to any penalty for practising and continuing to practise Physic, Surgery and Midwifery within this Province, in the same manner, and to the same extent as the Members of said Corporation are now exempted from such liability, and are not subjected to any such penalty, and that the said hereinabove named persons shall have power to sue at Law, and maintain any action or suit for the recovery of fees for services rendered, or medicines furnished as such Physicians, Surgeons or Accoucheurs, as fully, and in the same manner as if they were Members of said Corporation Provided, nevertheless, that if the above named persons, or any one of them, shall desire to become Members of the College of Physicians and Surgeons of Lower Canada, they, and each of them, shall submit to a regular examination before the Provincial Board of Examiners, as provided by the herein-first recited Act. CAP. CVI. An Act to authorize the setting apart of Lands for the use of certain Indian Tribes in W HEREAS it is expedient to set apart certain Lands for the use of certain Indian Tribes resident in Lower Canada: 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 Government of Canada, and it is hereby enacted by the authority of the same, That tracts of Land in Lower Canada, not exceeding in the whole two hundred and thirty thousand Acres, may, under orders in Council to be made in thatbehalf, be described, surveyed and set out by the Commissioner of Crown Lands, and such tracts of Land shall be and are hereby respectively set apart and appropriated to and for the use of the several Indian Tribes in Lower Canada, for which they shall be respectively directed to be set apart in any order in Council, to be made as aforesaid, and the said tracts of Land shall accordingly, by virtue of this Act, and without any price or payment being required therefor, be vested in and managed by the Commissioner of Indian Lands for Lower Canada, under the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act for the better protection of the Lands and Property of the Indians in Lower Canada. |