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''■/ f*!. n^ i< X ■*■-* »3. f LIST OK TITLKS. No. P*"' 117. An Ordiiinnop to rnndor pornmnriil ii ccrlaiii OnliiiRiirc llieroin incntidndi roliUiVP to llic liiiprmrniciitiitiil Knliirtic'iiicul i>f till' lliirbiiur i)f Moiilrciil - - - - I IIM. An (»r(liniimi'l()iiiitlM)ri/.i' llic ('oniniMiiiintTH tor llif Iiiiprovi'incnt iinil Knlurncniont of tliu Iliirliour of Monlrciil to Imrrow ii fiirtlirr Huni uf Moiirv, iinil for otlicr 9 imriioHoii • 1111. An Ordhmni'o to revive iind render iH'rnmnenl u eerliiin Ael made to restruin «ll |ier«on» from iindermiMini; tlie Clifl-< on wliich tliu Forlificntions lit Quelwe are con9tru<'lcd 120. An Ordinimcfl to nmcnd a certuin Ordinimrc tlioroln mentioned relative to tlie Miliim of lliis I'rovinee IJl. An OrdiMiinee to provide for the Improvement dnrinj; the winter utonon of the Queen's ili(?h Wiiya in this I'rovinee, und for oilier purpiwen . . - - 7 122. An Ordinance to iiniend nn Ordinal made and [rnxKed in the Meeoiiil year ol lli^r Majcxty'u reijjn, intituled, " An Onlinanie to aiitliori/.e the Governor or Pernoo ndiiiiiiisterini; the (Joverniiieiit of thin I'roviiiei' to appoint One or more AsBistunt Judp'» for tlie Courts of Kiiij;'s Heiic-li for the lliBtriets of l^uhee and Montreal in this I'rovinie, and an AH>iMant Jud^e iiir the Di^triet of Three Hivirs, in the case (d'fiicknens.neeesHaryAlweiieeor Suspen-ion from Otfiee ofiiny of the.l'istieeii of the Kaid severiil Courts of Kinui's Ueuili, or the rcHideiit J udi;c fur the Uistriet of Three Hivers in the said Province" ' 120. An Ordinanee to amend and render permanent an Ordiniinee |nish'(1 in the second year of Her Majesty's reitrn, intituled, " An Ordinance to authorize the Comiris- sioncrs tor mokinn the Canal from St. John's to Chumhly to horruw u ccrtam Bum of Money to uompleto the said Cunul " '" 127. An Ordinance to render permanent a certain Ordinance for more eirectually prevent- ing' the administering or Uikinx of unlawful Oaths, und for pruventinn treasonable ^ and seditious Practices 12H. An Ordinance to render permanent the Ordinonee therein inentionwl relative to the Kslates and I'roperty in this I'rovinee occupied for the Ordimncu .Service - 13 lUl. An Ordinance further to continue tor a limited Time ecrluin Acts therein mentioned U ia2. An Ordinance to continue for a limited Time Two certain Acts therein mentioned relative to the Krection of t'ouri Houses and (imds in the several Counties o( this Province, und for other purposes tlicrcin mentioned - - - - HI 1311. An Ordinance to continue for a limited Time a certain Act therein mentioned in rela- tion to secret Iiiciimliraiii;c.s on Lands - - • - * - 17 i;ij. An Ordinance further to continue for a limited Time an Ordinance passed in the first year of Her Majesty's rcinn, intituled. " An t»rdinnnce to iirovide lor the Mler' Defence of this i'rovinee. uiid to regulate the Militia thereof " - • 1« 130. An Ordinance to render periiiiineiil certain Ordinancis therein mentioned, providiuf; for the iiidemnitication of pcr»on> »lii> iiiuy liavi' mted in the Mippressioii of un- lawful Asscinlilies or of trcasonul.le Pracli.is, and for the attainder of persons ai,'aiiisl whom seiileiiccs may have lieeii (j'ven liy Courts-martial - - - 11> 137. An Ordiiainec to amend and render peiiiiaiieiit the Act lliereiii iiieiilioiied, passed to facilitate the adniiiiislratioii of ,lii>lice in Civil .Matters in the Districts ot (iuel)cc, Montreal, Tliree Hivcis, and ^t. I'ram is - - - - - JO 131). An Ordinance to reniler permanent, with the Amendnieiil made therein hy a cer- tain Ordinance, icrtain Acts of the l.c^i-lature of this Province, relatinn to the cstahlishmeiit of Iteijislry OHieis - - - - - - 21 110. An Ordinance to ri'iider permanent certain Acts thcreiii nienlionid - - -- 141. An Ordinance to providi' permanently for the want ol notaries in llie inferior Dis- tricts of (iaspe, and to rcnio\e llie ilouhls therein meiilioned - - - -.• 1J2. An Ordinance to render liermaiiint certain Acts therein nienlioiicd relating to the administration of .Justice in the intirior District of (iaspe - - - '-♦' 1 13. An Ordinance to r.iider perniancnt certain Acl^■ of the Legislature of this Pro- vince relative to tlic District of St. Tranci^ - - - • - 2< IJ. •"■^" h ^m yJH >i V ik N.I. ...... ''■*"" 144. An Onlinnnoc to proviilc lor llu' e»*\ iiml i'X|N'ililliiii< iiilriiiiil-lriillnii nl' ,liii'» ttiiil iiiiittiTK iiivoiviiiK •ninll |H'i-iiiiiiir} Viiliic unci liili'ri' r«liilili'
  • i\ l'*liini< nl' LiiHrr < iiiiiiilii, miil In iiMcr ami niiu'iiil the flililiriihiri', mill |iriiuili' tiir llii' liitlcr iiml innrr iDiiiiiil iiilniiiiix. iralioii of'JuKtirc tliriiiiKli'nil lliix I'roviiiri' :lli 147. An Orilintinco til inciir|i(iriit<' till' Mnntrcnl I'lililir Hiikrry iinil riiil ('i)lii|Hinv ■ .'I'l 148. ,^n Onliimni'O to iii(or|Miriiti' llir City anil TiiH II 111(^111 111 r M 149. An OMlitmnci" to incorporate the City nnil Town of MnnlriMil • . . • 7ii 150. An OrilinniK'i' to ihror|ioruti' rirtiiiii |>i'r«iiin< ihrniii iiii'nliiini'il iinilir tlir iiiiiiir i>l' "Till' Miinlri'iil I'irr .Vs^iiriiin r ('iini|iuny " ....... m.i 161. All Orillinuii'c to iiiiii'iiil iind ri'iiilcr |irriniiiii'nl llir < liiliiiaiiri' I'Ktiililisliiii); ii Itoiiril of Worku ill thin Proviiirc h7 168. An Orilinnnop to rxrtnjit ecrliiin OfficiTH of Hit .MiijoHty'ii Army from tlii' jiiiynu'nt oftlin Hate or A'lo.-inent tliiTriii mt'iilionoil in tlir Cilit>* of t/inlirr iiiiil Mnntri'ii! hm 168. An Oriliiinni'r I'l.r inakiiic n Hiiilroiul from tlii' City of Monlrriil to tlir I'nninri' Line at or near Point i HiMiinlit nil 164. An Oriliiiuiiri- to npial in part, anil In aniinil, anil lo ri iiiUr piTiimniiit im aiiunilcil, tt ('t'riain Ordiiiiiiui' lliiTtin luriitioniil rilaliM' toTaMriiH amlTavirn Ki'i'pi'rn, uiid to inako furtliir proviiiion nlativi' to till! naini' siiliji'iti* 101) 166. An Ordiimnro to repeal rrrtaiii parti) of nn Ordiniinro tlirrpin inenliuiicd, and tu amend eertain other partH of the said Ordinance, and to provide tiir the further proteetion of the Indian!! in this Proviiiee - 110 166. An Ordinanee to provide more eHeetii;i!ly fur the safe slorini; and keepiii); of (Jiin- powder within and near the City and Town of Monln III ll'J 167. An Ordinance for making a Railrond from Carillon til (irenvilli' - . - - Il;i 168. An Ordinance to repeal certain parts of an Ordinance therein iiientioned. and lo Hniend certain other parts of the s^id < triliiiiinee, and to amend iiTtaiii parts nf nnothir Ordinanee therein menlioned, anil make further provision liir esliililishiiiL; and maililainint; an etticient system of I'nlice in the Cities of l^nelue and .Mnnlreai, ond tlie Town and IJoroii^jh of Three llivcrs 1.10 180. An Ordinance to inrorponite the Advocates' Library of Montreal - . . - |;)4 160. An Ordinanee to incur|K)riitc the Qiielire .\dvoeates' I.ihrary .... 137 161. An Ordinance to incorponite the Qiuhci Library 1 10 163. An Ordinance to provide for llie ImiirovemenI of the Roads iii the iieinlilpiiiirhiiod of and leading to the City of Montreal ; and to mi»e u Fund for that purpose - 142 104. An Ordinance to incorporate the Kcclesiuslics of tlie Seminary nf ."si. Sulpii r nf Montri'al, to ciintirm llieir Tith' to llie Fief and Si ij;niory nf the I-hiiid nf .Mnii- treal, the Fief and Seigniory ol'the Lake nf llie Two Mminlains, and the I'ief and Seigniory nf St. Sulpice, in this I'rnvinee; tn prnvide fnr the L'radiial ivlinclinti of Seignioral Hights and Dues within the Seignioral Limits of the said Fiefs and Seigniories ; and for other purposes . • - . - . 1 50 120. An Ordinance to extend the prnvi>ions of the Ordinance for e>talilishiiii; an efficient system of I'oliee in tlie Cities of (Quebec anil Montreal In the llistriet of St. Francis in this Province ....... ij^ Colonial f)tfiec, Downing.striil, 1 CH .fanuary IH4I. J II. V F.HN'ON -Mini I I ORDINANCES, ike. (Copy.) No. 117. N... 117. An Onliiifinrf In mii/ifr iirrmniitii/ u cirtniii Onlinnnvi' thrrvin men. fiiipr.nfinn,! ct liouvd ivliitin: to tin: Iiiijinirrniiitt ami Jwiliir^';c>iiriif nf tUr Hitrhuitr Munircl lUtli.ur, o/'Montmil. [I'lbscil l.'uli May 1810.] Wiii;iii:.\s it is cxmulifiit to iindiT peniiaiu'iit the Ouiinaiicc licrrin-atk'r nii'iitioiud ; 1)0 it tlu'ii'titir oidaim-d and I'liaclcd h\ liis Kxcilli-iu'y the (joviTiior (if the I'loviiici' of Lower Canada, hy and "witli llio Advioi' an(l Consent of tlie .S|iecial Conneil (or the .\ll;iir.s ol" (liis I'lovinee, conslitnted ami assembled li virtne and nnder the Authority of ail Act of tlie Parliament of the United kin{,'dom of (ileal lliilain and Ireland passed in the I'lrst Year of the Uei^n of Her present MajeMy, intituled " An Aet to make temporary Provision for tiie (iovernment ol' Lower Canada," and also hy virtue and under the Authority of a certain other Aet of the same I'arliament passed in the Session lulil in tlie Second and Tiiird Years of the Ueij;n of Her present Majesty, intituled " An Act to amend an Act of the last Session of I'.nliament for makinj; temporary Provision tor the (iovernment of Lower Canada." and it is herehy ordamed and enacted hy the Aiuhority of the said Acts of I'arlia- ment, That the Ordinance of his K\ceneniy the Administrator ol"the (iovernment of this I'rovince, authorized to execute the Coimnission of liie (iovernor thereof aiidof the SpecialCouneil for the AlKfus of the said Province, passed in tiie First Year of Her Majesty's Hei^ni, and intituled "An Ordinance to authorize the ComiDissioners appointeil under a certain Act of the Le;,'islatnre of tliis Province therein mentioned to borrow a further Stun of Money to lie applied to tiic Improvement and I'.nlar^'emeiit of the Harbour of Montreal, and liir other Purposes," which wouM not otherwise, under tiie I'rovisions of the Act first above recited, remain in t()rce beyond the First Dav of Novendier One thousand eight hundred and fiirty-two, shall be and the said Ordinance is heicl)y made permanent, and shall remain in tiiree iinlil repealed or altered by comjietent Authority. (Sijj;iied) C. PotiKir Tiio.mson-. Ordained and enacted liy the Authority aliiresaid, and |)assed in Special Council under the (iieat Seal of the Proviiu'c, at the (iovern- ment House in file City of Montreal, the 'riiirteeiith Day of AFay, in the Third Year of the ileif^n of our Sovereii;ii Lady Victoria, by tlu'(irace of(iod of (ireal liritain and helaiul (v>ueeii', Deteiider of the Faith, and so f()rtli, and in the Year of our Lortl One thousand eight hundred and forty. lly his I'.xct'llency's Conimaiul. (Signed) W. P. Lindsay, Clerk Special Council. I luMthy ciTtify the hIkuc to be a true Cojiy of an Oidinaiice passi'd l)_v llie (iovernor of the I'luvinci.' nf LnwVi- I'anaiLi, l)V and \\w Advice and Consent ol'tlie .*«p(ciiil 'itii \\v -- - , J Council tor llic AlVairs of llie said l~iovirite, on the 'riiirtfcntli Day of May One tliousand ei^^lit hundred and forty, and in tlie 'I'liiid Year ol Her Mniusty's Keign. (Signed) W. U. Lindsay, Clerk Special Cunncii. (L) ^ - - x! rji 9 No. liy. '"•'"'• (Copy.) Cuiiimissioners of ' MontreKl Harbour 10 bill row H further Sum of Money. ORDINANCES PASSED BY THE GOVERNOR No. 118. Ah Ordinance to authorize the Conmissionem for the Improvement and EnlargemeiH of the Harbour o/" Montreal lo borrow n further Sum if Money, andjo'r othe) Purposes. [Passed 13tii May 1840. J Wheheas it is cxiicdicnt to make fiirtlicr Provision tor more fuliy carrying into efi'ect a certain Act of the Legislature of this Province, );nssed in the Session !ield in the Tentli and Eleventh Years of the Reign of His Majesty King George the Fourth, and intituled " An Act to provide tor the Improvement and Enlargement of the Harbour of Montreal," and a certain other Act of the said Legislature passed in the Second Year of the Reign of iHis late Majesty King William the Fourth, intituled " An Act to authorize the Commissioners appointed under a certain Act therein mentioned to borrow a further Sum of Money to be applied to the Improvement and Enlargement of the Harbour of Montreal, and tor other Purposes ;" be it therefore ordained and enacted by his Lxcellency the Governor of tliis Province of Lower Canada, by and witli ('ii; Advice and Consent of the Special Council for the Atiiiirs of this Pro.-.ice, 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 ('anada," and also by virtue and under *he 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 Parliami-nt for making temjjorary Provision for the Government r>f Lower Canada," and it is hereby ordained and enacted by tlie Authority of the said Acts of Parliament, That it shall be lawful for the Comniissioners appointed und.r 'Aw Authority of the siiid Acts of tiie Provincial Legislature, for the Purpose of defraying "the Expenses attending the Execution of the Works mentio'.u'd in the" said Acts, and in other Acts and Ordinances relative to tl-e saiu Harbmr, and in this Ordinance, and all other Expenses liereby authorized, '.o bcrrow, with the Consent and Ajpprobation of the Governor, Lieutenant Governor, or Person administering the Government of this Pro- vince for the Time being, at any Rate of Interest, whether greater or less than Six per Cent, per Annum (any Law co ih^ contra. y notwithstanding), but on the most advantageous Terms in tlieir Power, and tiom Time to Time as the same may become necessary tor tlie Purposes aforesaid, any Sum or Sums of Money not exceeding in the whole Twenty-three thousand Pouiids Currtrcy : Provided always, that no furtlier or other Sum or Sums of Money than may have before the passing of tliis Ordinance been borrowed under the Authority of any Act or Acts, or any Ordinauv-e of the Legislature o: iliis Province, for the Purposes at()rcsai(l, shall hereafter be borrowed under the Authority of any sucli Act or Ordinance. And whereas it is expedient that Provision should be made lor the ilue Paymert of thi. Interest of the Mono) so borrowed until the Work shall 'ue executed, and Wharfiige and otlu r Dues collected, out of which such Interest may be paid ; be it therefore further oidained and enactetl by the Authority aforesaid, That it shall be lawfid tor the Governor, Lieutenant (jovernor, or Person administering tlie (iovernment of this Piovince fi)r the Time being, from Time to Time to authorize, by Warrant tmder his Hand, the Advance to the said Commissioners oi' such Siinis out of the uiiajjprojjriated Monies in the Hands of tl;e Receiver General as r/ia\ be necessary tu eiial)ie liirui to pay the ^aid Interest, and such Advances shall be made in i!ie Months of January and .luly of each and every Year, and the said Commissioners shall innnediately pay over the Sums of .Money so advanced to the Person or Persons to whom sucli Interest may Ive then due. And be it further ordained and enacted by the Authcjiity aforesaid, That it shall be lawful for the said Commissioners, from and after the passing of this Oidinance in and for the Improvement and Enlargement of the Harbour of Moiilri'i.l, 1(1 proc'oed to tli'.' entire Execution of the Plan heretofiire approved and sanctiOiitil with reference to such Impiovoment and Enlargement of the 5 said AND SPECIAL COUNCIL OF LOWER CANADA. I said said Harbour, and to the Completion of all and every the Works which may be '" ^' necessary for such entire Execution of the said Plan, and of all and every the commissioners of Works mentioned in the Ordinance herein last ajove cited. .Montreal Harbour And be it further ordained and enacted by the Authority aforesaid, That it '<> borrow a further shall and may be lawful for the said Commissioners, with the Consent and Su m of Money. Approval of the Governor, Lieutenant Governor, or Person administering the Government of this Province for tiie Time being, to continue the Rcvetement, Wall, and filling in from their present Termmation at Grey Nuns Street upwards to the Entrance Lock of the Lachine Canal, and to make a double Ramp at Grey Nuns Street, and to purchase and hold so much of the Ground now belonging to Nahum Hall, Esquire, or his legal Representatives, as may be necessary for tiie said Purposes, or to make a wide and easy Access to the Wharves of the said Harbour from the said Canal, and to continue the said Revetement, Wall, and filling in from their present lower Termination from Saint Gabriel Lane downwards to the Government Works at the Commissariat Store. And be it further ordained and enacted by the Authority aforesaid, That the Steam-dredging Vessel, and all the Apparatus and Machineiy thereunto belong- ing, mentioned in a certain Act or the Provincial Legislature passed in the Session held in the Tenth and Eleventh Years of the Reign of His Majesty King George the Fourth, and intituled " An Act to appropriate a certain Sum of Money for the Purchase of a Steam-dredging Vessel. " and to defray the Expense of purciiasing and constructing which divers Sums of the Public Money have been by the Act last cited and by other Acts and Ordinances appropriated, sliall be and tiie said Steam-dre:^»ing Vessel, Machinery, and Apparatus are hereby placed in and under the Control, Manxgement, Keej)ing, and Charge of the sail! C'ommissioners, subject to such Directions and instructions as they may from Tnne to Time receive from the Governor, Lieutenant Governor, or Person administering the Government of this Province for Uie Time being, with regard to the same ; and the said Commissioners shall, out of the Sum they are herein-afler authorized to borrow for the said Vessel and Apparatus, pay all Debts due for or with regard to the same, and which the Sums heretofore appropriated for that Purpose may be insufficient to discharge. And be it further ordained and enacted by the Authority aforesaid. That it shall be iawfiil for the said Commissioners to complete and keep in efficient Repair and working Order tlie said Steam-dredging Vessel, Machinery, and Apparatus, with the necessary Scows, Barges, and Boats, and to work and use the same within the said Harbour, and during the Years One tliousand eight luinilred and forty and One thousand eight hundred and forty-one, in sHch Manner and for such Purposes as they shall think best adapted to promote the jniblic Good, subject always to such Instructions and Directions as afore- said ; any thing in ai / Act, Ordinance, or Law to the contrary notwith- standing. And whereas it is expedient to provide for the Completion of the said Steam- dredging Vessel and rendering it efficient ; be it therefore iurthcr ordained and enacted by the Authority aforesaid. That it shall be lawful for the said Commissioners to borrow, with the Consent and Approbation of the Governor, Lieutenant (Governor, or Person administering the Government of the Province for the Time being, in like Manner as herein-before provided for tiie borrowing of the Sum and Sums of Money herein-before mentioned, any Sum or Sums of' Money not exceeding the Sum of Five thousand Poinuls Currency for completing and working tlie said Steam-dredging X'essel ; and it siiall be liiwtiii for the said (Jovernor, Lieutenant Governor, or Person adniinist'^riug tiie (lovernment of tliis Province, from Time to Time to authorize the .v 'vance of such Slims of Money out of the unappropriated Monies in the llaiuls of tin- Receiver (leneral of this Province as may be necessiiry to enable the said Receiver General to pay the Interest of this said last-mentioned Sum and Sums «)f Money t<> bo borrowed as last aforesaid, in like Manner as is herein-before provided for tlie Payment of the Interest on tiie Money mentioned in the Second Section of tliis Ordinance. And be it further ordained and enacted by the Authority aforesaid. That ail the Provisions of tiie Filtli, Sixth, Seventh, and Eighth Sections of a certain Ordinance passed in the First Year of Her Majesty's Reign, and (4.) A '2 ' intituled V ORDINANCES PASSED BY THE GOVERNOR No. IIS. intituled " An Ordinance to authorize the Commissioners appointed under a tolllnlis^inne^s of certain Act of the Legislature of this Province therein mentioned to borrow Montreal Harbour a further Sum of Money to be applied to the Improvement and Enlargement sl^oni",.:""" f the Harbour of Montreal, and for other Purposes." shall extend and are H' ''^reby extended and shall apply to the Valuation and Purchase of, and Pay- ment or Compensation for, any Land or Real Property which the said Commis- sioners are hereby authorized to acquire, as if tiiey had been authorized to acquire the same under and by the said Ordinance ; and such Land or Real Property, being so acquired, shall be vested in the Commissioners and their tjuccessors, for the Purposes of this Ordinance, and of the said Ordinance, and tlie Acts of the Provincial Legislature relative to the said Harbour and herein- before cited and mentioned. And be it further ordained and enacted by the Authority aforejaid. That It shail be lawful for the said Commissioners, or their Successors in Office to pay such Pnce and Prices, Compensation and Compensations as may be finally agreed upon, fixed, and determined, for or with regard to any Land or Real Property acquired under the Authority of this Ordinance, and also to defray all Expenses attending the Execution of any Work or the doing of any thine hereby authorized, from and out of the Sum or Sums of Money to be borrowed m pursuance of the First Section of this Ordinance. And be it further ordained and enacted by the Authority aforesaid. That the said Commissioners, or their Successors in Office, shall report their Doinirs and account for all Monies by them borrowed or received under tlie Authority of tlus Ordinance, m such Manner and Form and at such Time or Times as the (governor. Lieutenant Governor, or Person administering the Government ofthis Province for the Time being shall direct. vcuiment And be it further ordained and enacted by the Authority aforesaid, That the due Apphcation of aU Public Monies hereby appropriated or expended un£r tJ^e Authority of this Ordinance shall be accountecl for to Her Majesty Her Heirs and Successors, through the Lords Commissioners of Her Majesty's 1 reasury for the Time being, in such Manner and Form as Her Majesty. Her xleirs and Successors, shall direct. ^ ih-^nJ^ '* ^"'u» ordained and enacted by the Authority aforesaid, That this Ordnance shall be and is hereby made permanent, and shall remain in force until repealed or altered by competent Authority. (Signed) C. Poulett Thomson. - SnS.-'^fr^'' '"'i*^ ^T^'^f ^J *''^ Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Govern- ment House m the City of Montreal, the Thirteenth Day of May, in S%nH . f l^''!i'-^T"v""'^ ^'■'^'^"'^ Queen, Defender of he JunJ:ed"an?fty.' "' '" *"' ''"^ ""' ^"^ "^'^ """' ^'"'^ -g'^* By his Excellency's Command. (Signed) W. B. Lindsav, Clerk Special Council. I hereby certify tlie nbove to be a true Copy of nn Ordinance pas^ by the Governor of the Province of lIL Canada, bj and with ihe Advice and Consent of tne Special Council for the Affairs of 1 Ti ^'"^'P^'"' °" 'I'? I'hirteenlh Dny of May One thousand eixlit liundred and forty, and in the Third Year of Her Majesty's Reiun (Signed) W. B. Lindsay, ** " Clerk Special Council. AND SPECIAL COUNCIL OF LOWER CANADA. (Copy.) No. 119. An Ordinance to revive and render permanent a certain Act made to restrain nil Persons from undermining the Cliffs on which the Fortifi- cations at Quebec are constructed. [Passed 13th May 1840.] Whereas it is expedient and necessary, for preventing serious Damage and Injury to the Fortifications and Military Works of the City of Quebec, to revive and render permanent the Act of the Provincial Legislature herein-afler men- tioned ; be it therefore ordained and enacted by his Excellency the Governor of the 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 King- dom of Great Britain and Ireland passed in the First Year of the Ileign of Her present Majesty, intituled '• An Act to make temporary Provision for the Government of Lower Canada," and also by virtue and under tlie Authority of a certain other Act of the siune Parliament passed in the Session held in the Second and Third Years of the Ileign of Her present Miyesty, intituled " An Act \o amend an Act of the last Session of Parliament for making temporary Provision for the Government of Lower Canada," and it is hereby ordained and enacted by the Authority of the said Acts of Parliament, That the Act of the Provincial Legislature passed in the Session held in the Tenth and Eleventh Years of the Ileign of His late Majesty King George the Fourth, and intituled " An Act to restrain all Persons from undermining tlie Cliffs on which the Fortifications of Quebec are constructed," and every Clause, Provision, Power, Authority, Direction, Regulation, Matter, and Tiling therein contained, (excepting only the last Section thereof, whereby the Duration of the said Act was limited to the First Day of May One tiiousand eight hundred and thirty-three, when it expired,) shall be and are hereby revived, and shall be and remain in full I-orce and Authority from and after tiie passing of this Ordinance, in as full and ample a Manner to ail Intents anil Purposes as if the same were repealed and re-enacted in the Body of this Ordinance, saving only in so far as they may be in anywise contrary to the Provisions of this Ordinance. And be it further ordained and enacted by the Authority aforesaid. That the Words " City of Quebec " in the said Act and in this Ordinance shall be held and considered to mean and comprise the City and Banlieue of Quebec ; any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That this Ordinance, and the Act hereby revived, shall be and are hereby made per- manent, and siiall be and remain in force until repealed or altered by competent Authority. (Signed) C. Poulett Thomson. Ordained and enacted by the Autliority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Govern- ment House in tlie City of Montreal, the Thirteenth Day of May, in the Third Year of the Ileign of our Sovereign Luly Victoria, by the Grace of Ciod of Great Hritaiii and Ireland Queen, Defender of the Faitii, and so forth, and in the Year of our Lord One thousand eight hundred and forty. By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. I hereliy ceitify tlic above to Ix; a true Copy of an Ordinniico passed by tlie Governor of llie I'rovince of Lower Cnnatln, hy iiiul witli the Advice luid Consent of the ttpecial Council for tlie AfTuirs of tlie said Province, on the Thirteenth l)ny of Miiy One thousand eight hundred mid forty, and in the Third Yt-nr of Her Majesty's Ileign. (Signed) VV. b. Lindsay, No. iiy. To reitraiii the undermining nf the Cliffi at Quelieo. Ciw'. Spcci!)! Cor.noi!. \ (4.) A 3 a ORDINANCES PASSED BY THE GOVERNOR No. 120. (Copy.) Militia ut I Province. lie No. IQO. An Ordinance to amend a certain Ordinance therein mentioned relative to the Militia of this Province. [Passed \M\ May 1840.] Whereas it is expedient to amend the Ordinance passed in tlie First Year of Her Majesty's Reipn, and intituled " An Ordinance to provide for the l)etter Defence of the Province, and to regulate the Militia thereof," in so far as regards the annual Muster of the several Companies of the said Militia, required by the Seventh Section of the said Ordinance ; be it therefore ordained and enacted by the Governor of this Province of Lower Canada, by and with the Advice and Consent of the Special Council for the Aiiliirs of this Province, constituted and assembled by virtue and imder the Authority of an Act of the Parliament of the United Kingdom of Great Uritain 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, inlituled " An Act to amend an Act of the last Session of Parliament for making temporary Provision for the Government of Lower Canada," and it is hereby ordained and enacted by the Authority of the said Acts of Parliament, That it shall be lawful for the Governor, Lieutenant Governor, or Person administering tlie Govern- ment of this Province for the Time being, by any Militia General Order to be by him made, published in the Quebec Gazette published by Au- thority, and directed to the Commanding Officers of each and every of the Battalions of Militia in this Province, to direct that the annual Muster of the Companies of Militia shall not take place on the Twenty- ninth Day of June of the Year in which such Order shall be made ; and sufficient Notice of such General Order shall be given, before the Twenty- ninth Day of June to which it shall relate, by the Commanding. Officer of each Battalion to t!to Captains or Officers commanding Companies therein, and shall be also notified by such Captains to each .Militia-man, in the Manner prescribed by the Fiflh Section of the .said Ordinance ; and such Order, being so given and notified, shall be obeyed by all Officers of Militia and Militia-men to whom it shall relate, under the Penalty imposed by the Fifleenth Section or by any other Section of the said Ordinance for each and every Act of Disobedience to such Provisions, any thing in the said Ordinance to the contrary notwithstanding. And be it finther ordained and enacted by the Authority afiiresaid. That this Ordinance shall be and remain in force until the First l)ay of May Oiu thousand oight hundred and forty-three, and no longer. (Signed) C. Poulf.tt Tiiomsov. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the (Jovern- m en t House in the City of Montreal, t.'-e Thirteenth Day of Mav, in the Third Year of the Heign of our Sovereign Lady Victoria, by tiie Grace of God of Great Britain and Ireland Queen', Defender of the Faith, and so forth, and in the Year of om- Lord One thousand eight lumdred and forty. By his Excellency's Command. (Signed) W. B. Lixds.w, Clerk Special Council. I hereby certify the nbove to be a true Copy of an Oriliiinnce passed by the Governor of the Province of Lower Canaiia, bv ami with the Advice and Consent of tlie Special Cxiuncil for the Affairs of tlie said Province, on the Thirteenth Day of May One thoiLsand tight hundred and forty, and in the 'I'hird 'Year of ller Majesty's Hoitrn. (Signed) W. 13. Lindsay," Clerk Sp«ciul Council. AND SPECIAL COUNCIL OF LOWER CANADA. (Copy.) No. 121. Ah Ordinance to provide for the Improvement, during the Winter Season, of the Queen's Highways in this Province, and/or "f^^''/''!;P'>"'\-^ , J ^ ° ■^ [Passed latli May 1810.J Whereas it is expedient to provide for the Improvement of the Queen's HiKhwavs throughout this Province during the Winter heason. and for the Introduction of more suitable Vehicles on the Winter Roads; be it therefore ordained and enacted by his Excellency the Governor of this Ilrovmce ot Lower Canada, by and with the Advice and Consent of the Special Council tor 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 ot Her present Majesty, intituled " An Act to make temporary Provision for the Ciovernment ot 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 Government of Lower Canada," and it is hereby ordained and enacted by the Authority of the said Acts of Parliament, flmt from ami atlerthe Fifteenth Day of November One thousjmd eight hundred and lorty no Winter Carriage or Vehicle without Wheels shall be used for the Lon- veyance of any other Load than Passengers, and their Baggage to the Amount of One Hundred Weight for each Passenger, on any or any Part of the Queen s Hichwavs or Public Roads within this Province, except Sleighs or Sleds having Runners at least Six English Feet in Length on the straight 1 art ot the Bottom thereof, and Eight and a Half Feet m Length, including the curved Part, and that have no Part of the Bottom of the S eigh or Sled, or of the cross Beams that support the Bottom thereof, lower tliaii Ten bnglisli Inches above the Bottom of the Runnei-s, such Sleigh or Sled to have an open Space between the Runners and the Raves on which the Body rests, except where such Space is broken by the perpendicular Knees between the said Raves and Runners, and a clear Distance ot at least Iwo and a Half Eiiclish Feet between the Inside of the Runners at the Bottom thereof, nor shall the Shafb or Pole be attached to the Body of the Sleigh or Sled or Runners thereof at a lower Height than Ten English Inches above the Bottom of the Runners, nor shall any such Sleigh or Sled be used on any such Queen's Highway or Public Road unless the Horse or Horses or other Be.-|st of Draught be harnessed abreast or so attached to it that one or both of the Runners shall follow in the Track or Tracks made by such Horse or Horses or other Beasts of Draught ; provided always, that if there be only One Horse or Beast of Draught, or if no Two of the Horses or Beasts of Draught be harnessed abreast, then the left Runner shall follow in tiie 1 rack of such Horse or Horses or other Beasts of Draught ; and provided always, that the Length herein-before prescribed for the Runners ot the said S eighs or Sleds shal not affect the Sleds used for Saw-logs or heavy limber commonly called Bob-sleds. , , , . i .i » .^i ■. Provided always, and be it further ordained and enatteil by the Authority aforesaid. That nothing in this Ordinance shall extend to prevent any Kind ot Winter Carriage from being used for crossing any such Queen s Highway or public Road, or proceeding along it. for a Distance not exceeding Six Aipents, for the Purpose of passing from one Part to another ot the Property of the Owner or Owners of such Carriage. , , .. * .i •. Provided also, and be it further ordamed and enacted by the Authority aforesaid. That no Cariole. Train. ISerline, or other Winter Carriage, other than such Sleighs or Sleds as are he't-; ,-briore described am permitted, shall be used on any such Queen's High . ,■, or Public Road within this Province, for the Conveyance of Passengers and tlieir Baggage as aforesaid, unless the Horse or Horses or other Beast or Beasts of Draught drawing such Carnage shall be harnessed thereto in the Manner herehi-befbre prescribed with regard to liiiproveinisnl of the lligliways in the I'rovincf. n m 8 ORDINANCES PASSED BY THE GOVERNOR No. 121. Iiiiprureinent of llie Highways in ihf Province. Sleighs or Sleds hereby permitted to be used, nor uiili-ss the Shafts of sucli CarnaGc (it any there be) shall be attached to such Cariolc, Train, Berline, or other Winter Carriage at the Heiglit above tlie Bottom of the Runners herein- bctore prescribed, and fixed otherwise tlian under the Bottom thereof. And be it further ordained and enacted by the Authority aforesaid, That when Two Winter Vehicles meet, or a Winter Vehicle meets a Person on lloiseback, tTavellmg on the same beaten Track of Snow, that it shri) be the Duty ot the Driver or Drivers of such Vehicle or Vehicles to drive their Horse or Horses or other Beast or Beasts of Draught to the Right, so that while passing but One of the Runners of such Vehicle or of each of such Vehicles shall occupy the beaten Track. And be it therefore ordained and enacted by the Authority aforesaid. That all and every the Provisions of this Ordinance shall extend and be applicable to all 1 uMic Roads defined and laid out, during the Winter Season, by lawful Aiitliority, on the Rivers and other Waters when frozen, and on Land • Pro- vitied always, that the said Provisions shall not, during Three Years from the passing ot this Ordinance, extend nor be construed to extend to any Public Road in the District of Quebec, except the main Public or Post Road bv of Oucb """""''^''^'°" '^ '"'""^ "between the Town of Three Rivers and the City And be it further ordained and enacted by the Authority aforesaid. That each and every Person offending against the Provisions ot^ this On! nance s^iall for each such Ortenco incur a Penalty of Ten Shillings Currency, on Conyiction thereof before any Justice of the Peace for the District, oJ the t?.. PpI credible Witness other than the Informer; and such .lUice of the Peace may, if such Penalty be not forthwith paid with the Cost of tl"e rosecution, commit die Offender to the Common Gaol of the District for a Period not exceeding Eight Days. ^"uici lor a nnn^M-^'f '^ /'"jf '^r ordaiucd aud enacted by the Authority aforesaid. That Onllninf^lM" '"'?""""^ ^ "l''''''^'^ '''^'''^'^ ""'>'^'- the Authority ;ftS Ordinance shall be paid over to the Receiver (Jeneral, and shall belong to lie. Majes y for the public Uses of the Province, and the other Moiety shall belon/r to and be paid over to the Informer ; and the due Ap,,lication of all Mo iS so paid over for the public Use, or appropriated by t h s Ordinance, shaTbe accounted for to Her Majesty, Her Heils and Succeisors, through^ the lords Commissioners of the Treasury for the Time being, in such ManSr and Cm as Her Majesty, Her Heirs and Successors, shall (Tirect. And be It further ordained and enacted by the Authority aforesaid Th-,. Copies of tins Ordinance shall be sent to each of the GranVws for he District of Quebec, Montreal, and Three Rivers, who shall, with n Se Monl^ from the passing of this Ordinance, forward one of such Copie to o le S « Surveyors o Highways in each Parish in his District tl.rou. h which anv Queen's Highway or f'ublic Road passes, and such Surveyor l.al S se it tJ be read at tl.e Door of the Church of his Parish or Township Silv after Divine Service n the Eorenoon. or at some other i,ubl c Pire f^ tl n ^ or.^f^;ipSn-^ror^iMsi^^^^^ four int. uled " An Ordinance to provide for {he Impio^'v nen 'Iri, i th.' Winter Season, of the principal Post Roads from various Pa t „f t ," l' ' rq^eLd. ''"""'^'' '"' '°^ "^^'"^ ''"'^'''" '^'•''" ^' ^^ thfiine is hereby And be it further ordained and enacted by the Authority aforesaid Th-.f this Ordinance shall be and is hereby made permanent, an 1 sS force until repealed or altered by competent Authority. (Signed; C. PouMirr Thomson. remain in Ordained and enacted by the Authority aforesaid, a Special Council under the Great Seal of the Province, at the Ciovom ment House in the City of Montreal, the Thirteentiri /'f a'C n the Ihird Year of the Reign of Our Sovereign Lady Vic^toria b^'the and passed in the (lovern- ice AND SPECIAL COUNCIL OF LOWER CANADA. 9 Grace of God of Great Britain and Ireland Queen, Defender of the No^. Faith and so forth, and in the Year of our Lord One thousand eight ,,„,„o,„„„„, of hund;ed and forty. ^ ,, , ^, ^ tvl^'" By his Excellency's Command. .^^__ (Signed) W. B. Lindsay, Clerk Special Council. I liorclw certify the nl)ove to he a true Copy of an Oi-dinance UBSsed by the GoverKor of the Province of Ix.wer Canada, l.y and ^ rthe^dvice and Consent of the Special Council for the Affa.« of the said Province, on the Thirteenth )ay of May One thou«nd light hundre.) and forty, and in the Third Year of Her Majesty s ^^'"^"" (Siffued) VV. B. Lindsay, ^ " Clerk Special Council. (Copy.) No. 122. No. 132. An Ordinance to amend an Ordinance made and pa»sed in the Second \X^,^^ j,„||^„ Year of Her Maiesti/'s lieifrn, intituled " An Ordinance to authorize i„ .,,.e.,f sick- the Governor or Person administerinfi tfw Government of this Province „ess. (.c to appoint One or more Amdnnt Judges for t/ie Court, of King s Bench for the Districts < Quebec n7id Montreal |a» this Province, and an Assistant Judge for tlie District of Three Rivers, m the Case of Sickness, necessary Absence, or Suspension from Op:e of any (>l L Justices of the 'said several Courts of King's Bench, or the Resident Judge for tke District o/Three Rive. m^/^. jW Pro^'IZo.-} WiiFUF.AS it is expedient to amend a certain Ordinance made and passed by the Administrator of the Government of this Province, aiit lonzed to execute Z Commission of Governor thereof bv ..nd with the Advice ^^^^f^^-^ » the Special Council for the Affairs of the said Provn.ce, in the Second \ tar ot HerEesty's Reign, intituled "An Ordinance to authorize the Governor cVr IV on administering tiie Government of this Province to apiK>mt One or mor' Assistant .Judges for the Courts of King's Bench for the l^'f ^ «f j-?")^;- and Montreal in this Province, and an Assistant Judge for the District ot Three Rivers, in the Case of Sickness, necessary Ahsente, or '^»"'»''^"«'"" /X^JI'T of any of the .lustices of the said several Courts of King's Bench, or the Resul n Jud-e for the District of Three Rivers in the siiid Province; be it tliirctoic orch[ine.l and enacted by his Excellency the Governor o this Irovince o Lower Canada, by and vmh the Advice and Consent o the Special C«un.i lor the Atlairs of tiiis Province, constituted and assembled by virtue ot am .nuler the Authority of an Act of the Parliament of the United Kingdom o Great BriUtin aiul Ireland passed in the First Year ot the Rcign o 1 ler present Majesty, intituled " An Act to make temporary Provision foi the llovernmeiu ..t" Lower Canada." and also by virtue and tinder the Authority of a certain other Act of the same Parliament passed in the Session he d n the Second and Third Years of the Reign of i^er present Majesty, intituled "An Act to amend an Act of the last Session ot Parliament for making temporary Provision for the CJovernment of Lower Canada ; and it is hereby 01'bine.l^and enacted by the Authority of the said Acts of Parliament, ha tl... Assistant .Indues who have been or may herealter be api.ointeil, i mdei the Authority of the said Onliiumce. in the Place and Stead of any o the Justices of tlie Courts of King's Bench for the Districts ot Quebec am Montrea . shall respectivelv have the same Jurisdiction. Power, and Aulhonty, as well in Term ami in' Court as out of Term and out of Court, and in \ acation. as the Justices of the said Curts of King's Bench respectively by Law have and mav exercise, and shall and niav hold Circuit Courts, and sit and act as Ju.lge.. on 'the Circuits, in the said Districts respectively, m the same Manner as the .;,, I,,..: ,f »iw. c..;,i r-nnrti nf Kiiitf's Bcncli respectively may or can 10 ORDINANCES PASSED BY THE GOVERNOR No. V22. A|)|iuiiiiniciit of ill ca-f of Sick- iicw, &c. ilo, suid shall and may have the same Jurisdiction, Power, and Authority in the District of Three Rivers and in the District of St. Francis, in the Courts of King's Bench for the said Districts, as well in Term and in Court as out of Term and out of Court, and in Vacation, as the Justices of the said Courts of King's Bench for the Distnits of Quehec and Montreal respectively now by Law have in the said Districts of Three Rivers and St. Francis respectively. And in order to remove all Doubts respecting the Validity of the Judg- nients, 1 roceedmgs, and Acts of the Assistant Judges who have been apiiointed m juirsuance of the Ordinance herein-befbre mentioned, or in which they have partic^iated or concurred, be it further ordained and enacted by the Authority aforesaid, That all Rules, Orders, Judgments, Proceedings, and Acts of the saul A.ssistant Judges, or either of thein, as well singly as in conjunction with another Judge or other Judges, and as well in Term and in Court as out «)f 1 erm and out of Court, and in Vacation, in the Districts of Quebec, Alontreal, llirec Rivers, and St. Francis resi)ecfively. and on the Circuits in tlie said Districts of Quebec and Montreal resi)ectively, or otherwise, shall be held and taken to have been made, rendered, ilone, had, and performed by arid before legal and competent Authority, and shall have the same Force and httect as if the .same had been made, rendered, done, had, and performed, or concurred m by the Judges of the Courts of King's Bench for the .said Districts ot Quebec and Montreal respectively ; nor shall any such Rules, Orders. Judgments, Proceedings, .,• Acts be liable or be subject to be called in question for any alleged or supposed Want of Jurisdiction, I'ower, or Authority of the said A.ssistant Judges in that Capacity to exercise all or any of the Powers, and to perform a I or any of the Acts, which might be legafly exercised and l)erformed by the Judges of the said Courts of King's Bench resi)ectivcly And be It further ordained and enacted by the Authority aforesaid. That this^ Ordinance, and the Ordinance hereby amended, shall be and are hereby made permanent, and shall remain in force until repealed or altered bv competent Authority. -^ (Signed) C. Poulett Tiio.mson. Ordained and enacted by the Authority afbresaiil, and pa.ssed in Special Council under the Great Seal of the Province, at the (Jovern- "{"^"i, -"."^^ '" ^''^' ^'^^y °'' Montreal, the Thirteenth Dav of May, in the Ihird Year of the Reign of our Sovereign La-- - Consent of the Si)ecial Council for the AftUirs of his ProMnce. const.tiUed •.. an.l assembled by tirlue and under the Authority of an Act of the Parlmment of the United Kincdom of (Jreat Britain and Ireland passed ni the iMrst U-ar of the lleiL'n 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 otiicr Act of the same Parliament j)ii.ssed m tiie Session held in the Second and Third Years of the Reign of Her i.resent Majesty, intituled " An Act to amend an Act of the hist Session of 1 arliamcnt for making temporary Provision for the (iovernmeiit of I.ower ( anada, and it is hereby ordained and enacted by the Authority of the said Acts of Parliament, That it shall be lawful for the Commissioners now named and appointed or hereafter to he named and appointed to borrow a Sum or Sums of Money not exceeding Thirty-five thousand Pounds Currency, for the I urposes in t le sau Ordinance mentioneil. at sucli Rate of Interest (exceeding the legal Rate <.f Interest if the Loan of the said Sum or Sums of Money cannot be otherwise effected) as may be agreed upon, and payable witlun such Period or 1 enods as may also be agreed on, and not sooner, without the Consent of the Lender or Lenders of such Sum or Sums of Moiiev, and subject nevertheless to the Payment of the Interest on such Loans half-yearly. ,,.,.,,■. Provided always, and be it further ordained and enacted by the Authority aforesaid, That no Contract or Obligation f()r the Loan of Money for the Purposes aforesaid to bear Interest at any Rate greater than Six per Cent, shall be valid without the Sanction and Confirmation of tlic Ciovernor, Lieutenant Governor, or Person administering the Government, sigiulied tlirougli liis Secretary. _ i , m » ^ •. Provided also, and be it further ordained and enacted by the Authority aforesaid. That all Monies arising from any Rates, Tolls, Duties, Income, or Revenue of any Kind to be Icvieil or collected on or for the Lsc o the said Canal shall be paid, by the Person or Persons who shall rccen-e such Monies, into the Hands of the Receiver General of this Province, and, being so paid, shall be and arc hereby specially approjiriated to the Payment of the I nneipal and Interest of each and every Sum of Money borroxyed by tie said ( oni- inissioners under the Authority of this Ordinance or of the Ordmance herebv amciuled, and of the necessary Expense of repairing and mamtaimng the sau Canal and of collecting the said Monies, nor shall any Part thereof be paid for or appropriated to any other Purpose whatsoever until the said 1 rmcipai and Interest be whollv jiaid and discharged : Provided turtlier, that if at any Time before any Sum' or Sums so borrowed as aforesaid, ami tlien iinpaul, shall be redeemable, it shall happen that the Monies hereby appicipriated to the Pavmeiit of the Principal and Interest thereof, then in the Hands ot tiie Rjceiver Cieneral, shall be more than suflicient for the Purposes for wiucli tliev are hereby appropriated, it shall be lawful for the (iovernor, Lieutenant (ioVernor, or Person adniinistering the (Jovernmeiit, for tlie lime beuig, to „ay off any Part of the said Principal whieli any Party to whom the s;uiu' Inav be diie shall be willing to receive, and by Warrant under .us Hand to authorize the Receiver Cieneral to pay to such Party, and out of the .Monies herebv approiirialed, sueii Sum (whether greater or less than the Amount ot the Principal so to be paid off) as such Party may be willing to receive in I'ayinent of such Principal ; any thing in the said Ordinance to the contrary notwitlistanding. , . , •. ■• • i -pi . And be it further ordained and enacted by the Authority atoresaid, 1 hat this Ordinance, and the O.dlnance hereby amended, sliall be and are hereby made permanent, and shall remain in li)ree until repealed or altered liy competent Authority. . , .. ,, „ -r ' (Signed) C. Poulett Thomson. 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 Twelith Ui\y of (4.) U 2 May 19 ORDINANCES PASSED BY THE GOVERNOR No. r.'6. Cuininiiiioners for the Caniil from St. John'* toCliHiii* biy authorized to borrow Money. No. IJ7. I'reventini; the adiniiiisterlnt; un- lawful Oallis und treasonabli; und sedition* Prjctico. May, in tlie Third Year of the Reign of our Sovereign Lutly Victoria, by the Grace of God of Great Uritaiii and Ireiaml Queen, Defender of the I'uith, and ho forth, and in the Year of our Lord One thousand eight hundred and forty. By His Excellency's Command. (Signed) W. H. Lindsay, Clerk Special Council. 1 hereby certify the above to be n true Copy of an Ortlinnnce pnssiil by tlie Governor of the Province of Lower Cunodn, by and with the Advice a. id Consent of the ijpcinl Council for the AfTuirs of the sjiid Province, on the Twelfth Day of Mnv One thousand eight hundred and forty, and in the Third Yeor of Her Majesty's Ucign. W, U. Lindsay, Clerk Special Council. (Copy.) No. 1'27. An Ordinance to render penmment a certain Ordinance for more effectualli) preventing the administering or taking of unlawful Oaths, and for preventing treasonalile and .leditious Pravtires. [Passed l'2th May 18K).] Wheukas it is expedient to render permanent the Ordinance hereinafter mentioned ; be it therefore ordained and enacted by his Excellency the (Jovernor of this Province of Lower Canada, by and with the Advice and Consent of the Special Council for the AfHiirs of this Province, constituted and assembled l)y virtue and under the Authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland passed in the Eirst Year of the lleign of Her jjresent Majesty, intitided " An Act to make temj)orary 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 lield 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 temi>c.arv Provision for the Government of Lower Canada," and it is hereby ordained and enacted by the Authority of the said Acts of Parliament, 'That the Ordinance of his Excellency the Administrator of the (Jovernment of this J rovmce, authorized to execute the Commission of the (Jovernor thereof, and of the .Special Council for the Affairs of the said Province, made and passed in the Second Year of Her Majesty's Ueign, and intituled " An Ordinance for more effectually preventing the administering or taking of unlawful Oaths, and for better preventing treasonable and seditious I'ract ices," which would otlier- vyise expire on the Eirst Day of November One thousand eight hundred and fortv-two, shall be and the said Ordinance is hereby made permanent, and shall remain in force until repealed or altered bv coiiiputeiit Authority ; any thing m the said Ordinance to the contrary notwithstanding. (Signed) C. Poii.ktt Thomson. Ordained and enacted by the Authoritv aforesaid, and jiassed in Special Council under the Great Seal ol'tlie Province, at the (Jovern- meiit House in the City of Montreal, the Twelfth Dav of May, in the Third Year of the Keign of our Sovereign Lady Victoria, by the (iiace of God of (ireat Britain and Ireland Oiieen, Defender of the Eaith, iiiid so forth, and in the Year of our Lord One thousand eiiiht hundred and forty. By His Excellency's Coinniand. (Signed) \\ . B. Linhsav, Clerk Special Council. I hereby certify the above to be a true Copy of an Ordinance piiisetl by ihe Governor of the Province of L<.wcr Canada, bv and with the Advice mid Consent of llie Spt-ciul Council Ibr the AHaii-s of the said Irm^nce, on the 'Jwelflh Day of May One thousand eight hundred and forty, and in ilie Third Year of Her Majesty's Ueign. {Signed) \V. Jj. Lindsav, Clerk iSpecial Council. AND SPECIAL COUNCIL OF LOWER CANADA. 19 (Copy.) No. m. No. 128. „ — ', Kutatet and l'ro> . • i I . («!ri» ocfupidd (ill An Ordinance to render permanent the Ordinance therein mentioned relative the OrUnauct to the Estates and Property in this Province occupied for the Ordnance Htficr. Service. [Passed' 1 '2th May 1840. J ■ Wi lulieiit •ufU \ '.nr.AH It IS cxpiHiieiii to rcmler permanent the Ordinance hi muntionid, whicli would olhorwise expire on the First Day of November One thonsinid eight hundred and forty-two ; be it therefore ordained and enacted by liis Kxcellency the (Jovernor of the Province of Lower Canada, by and with the Advice and Consent of tiie Special Council for the Affairs of this Province, constituted and assembled by virtue and under the Authority of an Act of the I'arliament of the United Kingdom of (ireat Britain anr the (iovernment of Lower Canada," and it is herehy ordained and enacted hy the Authority of the said Acts t)f Parliament, That the y\ct jiassed in the Ninth \ear of the lleign of His late Majesty Kinj; (ieorge the I'ourth.and intitided " An Act to prevent fraudulent Debtors evading? their Creditors in certain Parts of this Province," which has been revived and continued hy subsecpient Acts until tlie Pirst Day of May One thousand eiifjit hundred and forty, when it would otherwise expire, sliall be and the said Act is hereby continued and shall remain in force until the First Day of November One tliousand eight hundred and f()rty-live, and no longer, any thing in the said Act or in any otiitT Act to the contrary notwithstanding. And be it further ordaineil and enacted by the Authority afinesaid, 'J'hat the Act j)assed in the Ninth Year of the Keign of His said Majesty King (ieorge the Fourth, and intituled " An Act lor the Preservation of the Salmon Fisheries in the Counties of Cornwallis and Northumberland," which has been continued by subseipient Acts until the First Day of May One thousand eight hundred and forty, when it would otherwise ixpire, shall be and the said Act is hereby continiu'd and shall remain in l()rce imlii the First Day of November One thousand eight hundred and forty-five, and no longer, any thing in I lie said Act or in any other Act to the ci)iitraiy notwithstanding. And be it fiirtlicr ordained and enacted by the Authority aforesaid, 'J'hat the Act passed in the First Year of the Heigii of His late Majesty King William the F'ourth, intituled " An Act to encourage the Destruction ot Wolves," which has been contimied by subsecpient Acts until the First Day of Ma'v One thousand eight hundred and finty, when it would otherwise exjiire, shall he and the said Act is hereby continued and shall remain in tiirce until the First Day of November (Jne thoiisaiul eight hiiiulred ami fbrty-fi\c, and no longer, any thing in the said Act or in any other Act to the contrary notwithstanding. And be it further ordained and enacted by the Authoritv afiiresaid. That the Act passed in the Second Year of the Keign' of His late ^iajestv King William the Fourth, and intituled " An Act to repeal a certain Act'thenii! nuntioned, and to provide lor the more certain and exjieditious Distributiu;. ,'(),• |!niaed Acts of the Legislature of this Proviiu i ," and also a certain Ordinal k- passed in the Sccoml Year of the lleign of Her jireseiit ALijesty, iiiti ii(' ! " An Ordi- nance to jnovide for the Distribution of the j)iinteil Co'pius oi ihl Ordinances passed by the (iovernor of this Province and the Special Coiimil ti)r the AlHiirs thereof;" which would otherwise exjiire on the First Day of May One thousand eight hundred and forty, shall be and the said Act anil Ordinance are hereby coiitiiiued and shall remain in force until the First Day of November One thousand eight hundred and forty-five, and no longer, any thing in the said Act or O; 'ii:j;ice or in any other Act to the contrary notwithstanding. An^ h: '- further iwdaiiied and enacted by the Aiiihority aloiesaiii.'^riiat the Act i>;t.-se(' n i'.. Fourth Year of the Keign of His said late Majesty Kin.r Willi;j:'i tl.v J'oiirth, and intituled " An Act to make more ample Provision f()7- ^ the i tlie Encoiin Day of Miv is herol)y ci One thonw said Act to And he i i.a tlie William employed b in certain f One thousii continued a thousand ei Act to the i And be il Act pas-sed M'illiain the Salaries of i ind for othc the I'UM D, said Act is I >'( 1 "inber thing in the And be i the Act jms^ William the ment of sici May One t hereby conti One thousai said .\ct to 1 And he i the Act of I of His late Protection < shall remain hundred an contrary not And be i the Act of t of the Reigi Act to ame late Majesty the Province certain Laws of Criminal and shall ren hundred am other Act to And be it the Act of t of His late .N " An Act t Debtors in c ^liall remain hundred and notwithstand ( Sp, me in /■A. > AND SPECIAL COUNCIL OF LOWER CANADA. 16 the Encoiiriigenu'iit of AKriciilturc," which woiihl othcrwi.w expire on the First Day oC May One thoiismiil «iKlit hundred uiid lorty, ihull be iind the miid Act is herel)y edntiniietl and shall remain in (brce until the First Day «<' November One thoiisimd eight huntlred and tbrty-tive, and no hwiger, any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted by tlic Authority aforesaid, That the Act nassed in tho Sixth Year of tlie Ileign of lli^ said ||it(> Muj^^'sty King William tlie Fourth, and intituled " An Ac! to regulate the Fees of l'«Tsons employed by Justices of the Peace in the Country I'arishes as ( lerks or Hailitfs in certain Cases," which w,'(\"mber One thousand eight hundred and forty-five, and no longer, any tiling in the said Act to the contrary notwithsUmding. And be it further oiilaiiied and enacted by the Authority aforesaid, Tlmt the Act jiassed in the Sixth Year of the Ileign of His said fate Majesty King William the Fourth, and intituled " An Act to provide for the modicar Treat- ment of sick Mariners," which would otherwise expire on the First Day of May One thousiuid eight hundred and forty, shall be and the said Act is hereby continued and shall remain in force until the First iJay of November One thousand eight hundred and forty-five, and no longer, any thing in tiie said Act to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid. That the Act of the Provincial Legislature passed in the Second Year of the Ileign of Mis late Majesty King William the Fourth, intituled " An Act fi)r the Protection of (,'opyrights," shall be and the said Act is hereby continued and shall remain in force until the First Day of November One thousand eight huiuhed and forty-five, and no longer, any thing in the saiil Act to the contrary notwithstaiuling. And be it further ordained and enacted by the Authority aforesaid. That the Act of tlie Provincial Legislature jiassed in the Tenth and Kleventh Years of the Ileign of llis late Majesty King (Jeorge the Fourth, and intituled •' An Act to amend an Act passed in the Tliirty-i()urth Year of the Ileign of I lis late Majesty King (Jeorge the Third, intituled • An Act for the Division of the Province of Lower Canada, to amend the Judicature thereof, and to rejjeal certain Laws therein mentioned, inasmuch iis the same relates to the (-'ourts of Criminal Jurisdiction,'" shall be and the s;iid Act is hereby contimied and shall remain in force until the First Day of November One thousand eight hundred and forty-five, and no longer, any thing in the said Act or in any other Act to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid. That tl. Act of the Provincial Legislature passed in the Ninth Year of the Ileign of llis late Majesty King George the Fourth, Chajiter Twenty-eight, intituled " An Act to fiicilitate the Proceedings ag-ainst the Estates ami Effects of Debtors in certiiin Cases," shall be and the said Act is hereby continued and shall remain in force until the First Day of November One thousitnd eight hundred and forty-five, and no longer, any thing in the said Act to the contrary notwithstanding. (Signed) C. Pollett Thomson. Oulained and enacted by the Authority aforesaid, and passed in Special Council under the (Jreat Seal of the Province, at the (iovern- No.131. Cuiiliiiuiiig oartaiii' Xcli, ■• n /■A. > ment House in the City of Montreal, the Thirtieth L>ay of April, in the Third Year of the Ileign of our Sovereign Lady Victoria, by » t -•- the No. 131. Continuing certain Acti. 1© ORDINANCES PASSED BY THE GOVERNOR the Grace of God of Great Britain and Ireland Queen, Defender of the Faith, and so forth, and in tiie Year of our Lord One thousand ^ight hundred and forty. By liis Excellency's Comuiand. (Signed) W. B. Lindsay, CJerk Special Council. I hereby certify tlie above to be n tiue Copy of an Oriliiiaiice passed by the Governor ol the IVovince cf Lower Ciinada, by and with the Advice and Consent of the S' the said Province, on the Thirtiet' eight hundred and forty, and in th Keign. (Signed) x'inl Council for llie Affairs of Jay of April One tliousiind I'liird Year of Her Mnjcsly's W. B. Lindsay, Clerk Special Council. No. I3'-'. Kreciiii Hotise-. I oft and ( (Copy.) oiirt anis. No. 13^2. An Ordinance to continue for it limifrd Time Tiro certain Acts therein mentioned relative to the' Erection of Court Houses and Gaols in the several Counties of this Province, and for other Purposes therein men- tioned. ' [Pu'^sed aoth April 18 k).] Wht-heas it Is expedient furtlier to continue for a limbed Time tlie Acts herein-after mentioned, which would otherwise ex|)ire on the First Day of May One thousiind eif^ht hundred and forty; he it therefore ordained and enacted hy his Excellency the Governor of 'this Province of Lowei Canada, by and with the Advice and Consent of the Special Coinicil for the Affairs of the said Provii.ce, constituted and assembled by virtue of and inider 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 j)resent Majesty, intituled " An Act to make temporary Provision f()r the (iovernnient of Lower Canada," and also hy virtue and u'luler the Authority of a certain other Act of the same Parliament passed in the Session held in the Seconil and Third Years of the Reign of Her pri-sent Majesty, intituled " An Act to amend an Act of the la^t Session of Parliament " for making tem- l)orary Provision for the Government of Lower Canada," and it is herebv ordained and enacted by the -Authority of the said Acts of Parliament, That the Act of the Provincial Legislature passed in the Seeoiid Year of the Reign of His late Majesty King William the Fourth, and intituled "An Aci to authorize the Erection of Court Houses and (iaols in the romiiies of this Province, and for otiier Purposes therein mentioned," and the Act of the said Legislature passed in the Fourth Year of the Reign of His saitl late Majestv, and intituled " An Act to amend the Act passed in the Second Year of Ihs' Majesty's Reign, for the Erection of Comt Houses and (iaols in tiie Counties of this Province," shall he and llu' said Acts are heiehv continued and shall remain m force until the First Day of Xoveniher One thousand eig'it hiuuhed and foriy-five, and no longer, any thing in tiu' said Acts o, -ith-.r of them to the contrary notwithstanding. And to remove all Doubt with regard to the Ktl'ect of the Exinration of the said Acts in the Citse herein-after mentioned, he it declared and tljither ordamedand enacted by the Authority afi)resaid, That alter the Expiration ol the .said Acts the Property of any Land wiu'reon anvCoint House or (Jaol, or Jhnldmg intended to .seiv. as such, shall have inen elected or commenced under the Provisions of the said Acts or of either oltheni, or which shall have been conveyed to any Trustees elected or to be elected under such Provisions, or to any Commi.s.sioner or Commi-sioners, or to anv Pers(,ii or Persons whomsoever, us a Site for any such Building as aloresai'il, shall, together with .such Building or Bui' 'ings (if any there be:, become the PropcTty of Her Majesty, nud be vested in Her Majesty, Her Ileiis ;in(i Successors fbr ever, ihv the !en, Defender Que thousand AND SPECIAL COUNCIL OF LOWER CANADA. 17 Acts flierein Gnoh in the therein men- April 18K).] iine tlie Acts [•'irst Day of )rilained and wei Canada, lie Affairs of ;1 under the ni of Great Her j)re.sent Ciovernnu'iit of a certain tlie Second tilled " An laking tern- it is herd)} Parliament, if'ear of the :1 " An Act ities of tiii.s of the said ite Majesty, fear of His lie Counties (1 and shall r'lt liinuireii i)f tlieni to \|)iration ot iiiil further <|)iration ol or (laoi, or L-oinnienced 1 shall have Provisions, or PiMsons i^i'ther with rty of Her {)r ever J for the the public Uses of the Province, as shall also all Property whatsoever, Real or Personal, vested in iiny such Trustees as aforesaid, or in any Commissioner or Commissioners or other Person or Persons whomsoever, under the Provisions of the said Acts or cither of them, in Trust for the Purposes thereof, and for the public Use at the Time of the Expiration thereof. (Signed) C. Poulett Thomson. 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 April, in tl:e Third Year of ihe 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. (Signed) W. 1). LiN!;,',AY, Clerk Special Council. I hereby certify the nbove to be a true Copy of an Ordinance passed by tlie Governor of the Province of Lower Can.ida, by and witb t!ie Advice and Consent of tlie Specin! Council for the Affairs of the said Province, on the Thirtieth Day of April One thousand eigiit l<.:ndred and forty, and in the Third Year of Her Majesty's Reign. (Signed) W. B. Lindsay, Clerk Special Council. (Copy.) No. 13.3. An Ordinance to continue for a iimifed Time n certain Act theroin mentioned in relation to secret Inciimhninces on Lands. [Passed 30th April IS 10.] WtiEiiEAs the Act herein-after mentioned has been attended with very salutaiy Effects, and it is expedient to continue the same ; be it therctbie ordained and enacted by iiis Excellency t!,e viovernor of this IVovincc of Lower Canada, by and with t!;e Advice .mil Consent of the Special Coinicil for the Affairs of this said Province, constituted and assembled by virtue of and mider the Authority of an Act of the Parliament of the United Kin.>dom of Great Hritain and Ireland, iv..sseil in the First Year of the lleign of Her present Majesty, intituled " An Act to make temporary Provision fi)r tiie CJoveinment of Lower Canada," and alsoby\irtue and under the Authority of a certain other Act of the same Parliament passed in the Session held in tlie"Seeoiu! ami Tliiid \ ears of the Reign of Her present Majesty, intituled " An Act to amend an Act ot the last Session of I'arhament for making temporary Provision tor the Goxernment of Lower Caiuula," and it is hereby ordained and enacted by the Autl.oritv of the said Acts of Parliament, That the Act pas.sed in the Ninth Year of His Majesty King (Jeorge the Fourth, and intituled "An Act to jnovide for the more effectual Extinction of secret Incumbrances on 1 uid than was heretofore 111 use in this Province," which said Act has been since contiiiuei. in force by other Acts until the First Day of May One timtisand eig 1; hiindretl and forty, when it woukl otherwise expire, shall be and tlie still .Act IS hereby continued and shall remain in force until the First Day of .November One thousand eight luiiuhed and fi)rty.tive, and no longer. (Signed; C. Poui.ErrTiio.\i.soN. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Governmeiit Ho CH' in tlie City of Moritreal, the Thiriielh 1); (4.) n the Third Year of the Re IV of Nr. 132. Erection of Court Houses and Guols. No. \XS. .Secret liiciiiii- Jr:itn:<.'» on L:iiul>, ign of our Sovereign Lady \'ictoiia, Ci 18 ORDINANCES PASSED BY THE GOVERNOR No. 133. Seciet Iituuni- btunces of L indrt. No. 13J. I'rovidiiiu lor Ucfenct of til Province, .ind lating the Mil the rei,'ii iti.i. Victoriii, by the Grace of God of Great Britain and Ireland Queen, Defender of the Faith, and so fortli, and in the Year of our Lord One thousand eight hundred and ibrty. By Jiis Excellency's Command. (Signed) W. B. Lindsay, Clerk Sj)ecial Council. 1 liereby certify the above to be a true Copy of an Ordinance passed by the Governor of the Province of Lower Canada, by and with the Advice and Consent of the Special Council for the Affairs ol' the said Province, on the Thirtieth Day of April One diousand eight hundred and forty, and in the Third Year of Her Majesty's Reign. (Signed) W. 13. Lindsay, Clerk Special Council. (Copy.) No. 135. An Ordinance further to continue for a limited Time an Ordinance passed in the First Year of Her Majestj/'s Reign, intituled " An Ordinance to provide for the better Defence of this Proz-itice, and to regulate the Militia thereof" [Passed 30th April 1840.J Whereas it is expedient to continue for a liinitcd Time the Ordinance herein-after mentioned, which would otherwise ex])ire on the First Day of May One thousand eight hundred and forty; be it therefore ordained "and enacted by his Excellency the (Jovcrnor of this Province of Lower Canadii, by and with the Advice and Consent of the Special Council for tlie Atiliirs of this Province, constituted and asseinbled by virtue and imdcr the Authority of an Act of the Parliament of the United Kingdom of (Jreat Britain and Ireland l)assed in the First Year of the Reign of Her present Majesty, intituled " An Act to make temporary Provision for the Govermnent ' of Lower Canada," and also by virtue and under the Authority of a certain other Act of the sanu Parliament pa.ssed 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 (JoNcnunent of Lower Canada," and it is hereby ordained and enacted by the Authority of the sjiid Acts of Parliament, That the Ordinance of his Excellency the Adnunis- trator of the Government of this Province authorized to execiue the Com- mission of the Governor thereof; and of the Special Council for the Atliiirs of the said Province, passed in the First Year of Her Majesty's Reign, and intituled " An Ordinance to provide for the better Defence of this Proviiice and to regulate the Militia thereof;" shall be and it is hereby continued and shall remain in force initil the First Day of May One tliousatul eight hinulreii and forty-three, and no longer, anything in the said Ordinance to the contrary notwithstaniling. ^ (Signed) C. Poui.ett Thomson. Ordained and enacted by the A.illioritv atoi'.'said, and i)assed in Special Council under the (ireat Seal oftlu' Province, at the CJovern ment House in the City of Montreal, tlie Thirtieth Day of April in the llnrd \car of the Reign of oin- Sovereign Lativ Victoria by 'the Grace of God of Great Britain and Ireland Queen, Defender of the 1-a.th, and so forth, and in the Year of our Lord One thousand eight hundred and forty. By his Lxceilency's Connnaiid. (Signed) \V. B. Lindsay, Clerk Special Council. I hereby certify the alnive to be a true Copy ol' an Ordinance passed by ih<: (Jovernor of the Province of Lower Canada, by and with the Advice and Constant of the Special Council for the Aflairs of the .said ''rovince, on the ThirtietJi Day of April One thousand eight hundred «nd forty, and in the Third Year of Her Majesty's Heign. \V. {?. LiHrmv, Clerk Special Council. AND SPECIAL COUNCIL OF LOWER CANADA. 19 (Copy.) No. 136. An Ordinance to render permanent certain Ordinances therein mentioned vromdinff for the Indemnification of Persons who may have acted m the Suppression of unlawful Assemblies or of treasonable Practices, and for the Attainder of Persons against whom Sentences may have been given by Courts-martial. [I'^s^ed 30th April 1840.] Whereas it is expedient that the Ordinances herein-after mentioned should be made permanent • be it therefore ordained and enacted V 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 consti uted and assembled by virtue and under the Authority of an Act of the Parl'ament of the United kingdom of Great Britain and Ireland passed in the First Year of the Reign of E% present Majesty, intituled. " An Act to make emporary Pro- .' visionSbr the Government of tower Canada," and also by virtue and under tiie Authority of a certain other Act of tiie same Par lament passed m the Sessbn held^n the Second and Third Years of the Reign of Her present Sjesty. intituled " An Act to amend an Act of the l^t Session of Parl.a- meJt for making temporary Provision for the Government of Lower Canada, and it is hereby ord^ned and enacted by the Authority of the said Acts of Parliament, That the Ordinance of liis Excellency the Administrator o the Government of this Pro^^nce. -thonzed t. exec.ite the C^ii^^^^^^^ No. 136. Indemnification of Fenoni having acted in suppress- ing unlawful Assemblies, and Attainder of Per- sons sentenced by Courts-martial. Ordinance for indemnifying I'ersons wno since u.u r..»i. x^a, v,. ^..^vv,.... ^..- housand eight hundred and thirty-seven have acted manprefiendmg impr.son- g, or detaining in custody Pers'ons suspected of H^h^Preason «; Jrea onab o Practices, and in the Suppression of' unlaw ul Assemblies, and for otiei Purposes therein menlioned." and the Ord nance of his Excellency the AdListratorpftheGoven.n.ntofthisPn.^ce..t^^^^ intituled " An Ordinance for indemnitymg persons wno s nee i..c r..,t ^.^ -. November One thousand eight hundre'd and thirty-eight have acted ,n appre- liending, imprisoning, or detaining in custody Persons suspec ed of High ' -lea on or t easonable Practices, and in the Suppression of unlawfu Assemblies ai icHbr other Purposes tlierein mentioned," and tiie Ordinance of the Governo if thW Province, and of the Special Council for tiie Aftairs thereo , passed ui "he SecomlYear of Her Majest J's Reign, intituled " An Ordinance for mdemni- li'igS oils who since th^ Twentv-first Day of December One thousand e.g. hu idred and thirty-eight have actecl i.i a.,p.ehe..d.ng, imprisoning or detaining nc tody Persons suspected of High Vrexson or treasonable Practices, a.ul i tie Suppression of unlawful Assemblies, and for other Purnoses there... enioned" which said Ordinances would not otherwise, under the Provisions t-TcA heiei'i first above cited, remain in force beyond the Im.s Day o November One thousand eight hundred and forty-two, shall be a.ul he sa.d Ordhlaiices are and each of then, is hereby made permanent, and shall remain in force until repealed or altered by competent Authority. And be it fuVther ordained and enacted by the Authority atores;tul, I hat ,l.e Ordinance of his Excellency the Admi.iistrator o the Government of th . Province authorized to execute the Commission of the Governor thereof, am of .rSnecial Council for the Affairs of the said Prov...ce, passed in the Secon. Yea of- Her Majesty's Reign, intituled " An Ord.na.ice tor the At a.nder o 4Ls against whom SentcM.ces or Judgments of Courts-martia shall be gmm u.rr and by virtue of an Ordinance passed in the Second \ ear o ler Cest;- Refgn, intituled ' An Ordinance for the Suppression of the Rebe llio.. w S u. hSlyoxists withi.. this Province of Lower Canada, and for the ro- te m of 1 1 Persons a.,d Properties of Her Majesty's fa.thful Subjects wi In.. cond Year of Her Majesty's Ueign, intituieu ■• /\n v^nuiiunvi; i" "v^....^ i n"K!,'!fi..,.w!ml vvliJn the Hebellion now unhappily existing m tins Province shal be take., a hdd to cease. a..d for other Purposes," shall bi^ and the ^d Ordmanco-. w u- (4.) ^ 2 ^"""» tectum 01 tne leisons unu 1 1 i»iecc Majesty's Reign, intituled " An Ordinance to declare a.id ( ( rj so ORDINANCES PASSED BY THE GOVERNOR No. 136. Indemnification of Personi having acted in suppress- ing unlawful Assemblies and, Attainder of Per- sona sentenced by Courts-martial. would not otherwise under the Provisions of the Act herein first above cited remain in force beyond the First Day of November One thousand eight hundred and tortytwo, is hereby made permanent, and sliall remain in force until repealed or altered by competent Authority. (Signed) C. Poulett Thomson. Ordained and enacted by the Authority aforesaid, and passed in {special Council under the Great Seal of the Province, at the Govern- ",^^"i,"°"f '" ^■^^ City of Montreal, the Tliirtieth Day of April, in Uie Ihird Year of the Reign of our Sovereign Lady Victoria, by the Urace of God of Great Britain and Ireland Queen, Defender of the 1-aith, and so forth, and in tlie Year of our Lord One thousand eieht hundred and forty. ^ By his Excellency's Command. (SignedJ W. B. Lindsay, Clerk Special Council. 1 hereby certify the above to be a true Copy of an Ordinance passed by the Governor of the Province of Lower Canada, by and wiU. the Advice and Consent of the Special Council for the Affairs of the said Province, on the Thirtieth Day of April One thousand eight hundred and forty, and in the 'lliird Year of Her Majesty's Reign. (Signed) W. B. Lindsay, Clerk Special Council. No. 137. Adniinistraiion of Justice in the Dis- tricts of Quebec, Montreal, Three Rivers, and .Siint Francis. (Copy.) No. IS7. jLJTr UT^.f "7! '■'"''"■ /"''•'«««««< i''e Act therein mentioned, passed to facilitate theAdmimstration 0/ Justice in Civil Matters in the Districts o/Quebec, Montreal, Tliree Rivers, and St. Francis. [Passed 30th April 1840.] Whereas it is expedient to amend and render permanent the Act herein- after mentioned, which has been continued in f\,rce by subsequent X?, would otherwise expire ; be it therefore ordained and enacted bv h ! Excellency the Governor of this Province of Lower Canadt. hv .,,7 -/i coLdttf? '^^ I "^^'ir ?^ ^-.Special Council IbrTh'A'^rs'jf ^ s P ovi^^' constituted and assembled by virtue and under the Authority of an Act of' th.: Parliament of tlie United Kingdom of Great Britain mVl Tr, Inn i i ■ the First Year of the Reign o^Her prel^nt AkS" n tut^^"tet lo make temporary Provision for the cUrnment of Lwer Canada "and ^^ by virtue and under the Authority of a certain other Art nf ♦. Parliament passed in the Session liel5 in the Sd d xtd tl'oTZ. Re.^ of Her present Majesty, intituled " An Act to amen an Ac t' ll last Session of Parliament for making temporary Prov onStlw"r ^ of Lower Canatia," and it is hereby ordird^aiu «! bv^M of the said Acts of Parliament, That tlieXt f f iw p ' ."^^ . \'"^/"; '^^ty passed in the Finst Year of the Reign oHli^ ate MstvwIllS^^^^ ^^^v'^'Z' and intituled " An Act to facilitate the A. Imini'tS Vju^^^^^^^ I ' Enquetes in Civil Matters before the Courts of S Bench fS.rr*'",^ of Quebec, Montreal. Three Rivers, and the Infb Sr iSkt o Ts F "' » as hereby amended, shall be, and the said Act, so ainendedls aLt"^ f T .' made permanent, and shall remain in force untirSed 01 Tt '. i "''''^' P^K/,"^f ^ -y ^j""g i" "'e said Act to tlL c ttr^ notw I ^ ,.S„r'"- ;s hereby authorized, in all Cases^f Vi Ll by C in C S r^''"'' '^^="'^ before the Court of King's Bench for tlu safd Sfst fct t^ tS^T r'"'"'^' I>act and receive the Verdict of Juries in Vacation be wee, , I 7t T ."^ sr^J^'Sr^osr" ""''' - '- ''' ^-^^ '-'' 5"!^T^: h^:;;;;:inS g (Signed) C. Poulett Tho.mron-. Ordained AND SPECIAL COUNCIL OF LOWER CANADA. 21 i Ordained and enacted by the Autliority aforesaid, and passed in N". la;. Special Council under the Great Seal of the Province, at the Govern- ment House in the City of Montreal, the Thirtieth Day of April, jSTnT/rDi! in the Third Year of tlie Ileign of our Sovereign Lady Victoria, tr'icts of Quebec !" by the Grace of God of Great Britain and Ireland Queen, Defender Montreal, Three* of the Faitli, and so forth, and in the Year of our Lord One thousand ^'""'^ »"'i Saim eight liundred and forty. ^ """'- By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. I hereby certify the alwve to be n true Copy of an Ordinance passed by the Governor of the Province of Lower Canada, by and with the Advice ond Consent of the Special Council for the Affairs of the said Province, on the Thirtieth Day of April One thousond eight hundred and forty, and in the Third Yeor of Her Majesty's Reign. (Signed) VV. U. Lindsay, Clerk Special Council. (Copy.) No. 139. An Ordinance to render permanent, with the Amendment made therein hy a certain Ordinance, certain Acts of the Lefrislature of this Province relating to the Establishment of' Registry/ Offices, [Passed 30th April 1840.] Whereas it is expedient to render permanent, with the Amendment herein-after mentioned, the Acts of the Legislature of tiiis Province, also herein-after mentioned, which have been continued in force until the First Day of November One thousand eight hundred and forty-two by a certain Ordinance of his Excellency the Administrator of the Government of this Province authorized to execute the Commission of the Governor thereof, and the Special Council for the Affairs of tiie said Province, and would otherwise expire on the Day last above mentioned ; be it therefore ordained and enacted by his Excellency the Ciovernor of this Province of Lower Canada, by and with the Advice and Consent of tiie Special Coimcil for tiie 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 Government of Lower Canada," and also by virtue and under the Authority of a certain otiier Act of tiie same Parliament passed in tiie Session held in tiie Second and Tiiird Years of the Keign of Iler present Majesty, intituled " An Act to amend an Act of the last Session of Parliament tor making temporary Provision for the Government of Lower Canada," and it is hereby ordained anil enacted by the Authority of tiie said Act of Parliament, That the Act of the Legislature of this Province passed in the Tenth and Eleventit Years of tiie Ileign of His Majestv King CJeorge tiie Fourth, and intituled " An Act to establish Registry Ofhces in tlie Comities of Drummond, Slierbrooke, Staiistead, Sliefford, and Missisipioi," as amended by the Acts herein-after meiitioneil, and tlie Act of the said Legislature passed in the First Year of the Reign of His late Majesty King- William the Fourth, intituled " An Act to amend an Act passed in the Eleventh Year of tlie Ileign of His late Majesty, intituled ' An Act to establish Registry Offices in the Counties of Drummonil, Slierbrooke, Stan- .stead, Sliefford, and Missisijuoi,"' as anieiiiieil by the jierinaiient Act of the said Legislature passed in the Seeoiul Year of His said late Majesty's Reign, and intituled " An Act to extend the iVriod limited by an Act passed in the First Year of His Majesty's Reign, Chapter the Tliird, for enregistering certiiiii Acts or Deeils in Law, or liistninieiits in Writing, therein mentioned," and the Act of the said Legislature passed in the Fourth Year of His said late Majesty's Reign, intituled " An Act to extend the Provisions of the Act (1.) C 3 to No. I3<). Establishment ut Kegistry Oflires. ss ORDINANCES PASSED BY THE GOVERNOR No. 139. KHtHblUlinient of UeijIstrT Offices. to establish Registry Offices, in the Counties of Drummond, Sherbrooke, Stanstead, Shefford, and Missisquoi, to Lands held in fice and common Soccage in the County of Two Mountains and Acadic," shall be and the said Acts are hereby made permanent, and shall remain in force until repealed or altered by competent Authority ; any thing in any Law, Statute, or Ordi- nance to the contrary notwithstanding. Provided always, and be it further ordained and enacted by tiie Authority aforesaid, That the Registry Office to be kept for the County of Stanstead imder tiie Piovisions of the Provincial Act herein Hrst above cited shall not bo kept at Georgeville in the said County, but shall be kei)t at Stanstead Plain, also in the said County, as it is ordained and enacted in and by a certiiin Ordinance of the Governor of this Province and of the Special Council for the Aflfiiirs thereof, passed in the Second Year of Her Majesty's lleigvi, and intituled " An Ordi- nance to change the Place of the Registry Office for the County of Stan- stead," the Provisions of which said Ordinance would not otherwise, under those of the Act of the Imperial Parliament herein-first above cited, remain in force beyond the First Day of November One thousand eight hundred and forty-two. (Signed) C. Poulett Thomson. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Govern- ment House in the City of Montreal, the Thirtietii Day of April, 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. (Signed) AV, B. Lindsay, Clerk Special Council. I certify tlie aljove to be a true Copy of an Orclinnnce passed l)y tlie Governor of the Province of Lower Canada, l)y and with (he Advice and Consent of the Special Council for the Affairs of the said Province, on the Thirtieth Day of April One thousand eight hundred and forty, and in the Third Year of Her Majesty's Keigii. (Signed) \V. n. Lindsay, Clerk Special Council. No. ltd. Ueiiderin; per- manent cert»iii Acts. (Copy.) No. 140. An Ordinance to render permanent certain Acts therein mentioned. [Pas.sed 30th April 1840.] WiiERE.^s it is expedient to render permanent the Acts of tiie Provincial Legislature herein-after mentioned ; be it tiierefore ordained and enacted by his Excellency the Governor of this Province of Lower Canada, by and with the Advice and Consent of the Special Coiuicil f()r the Artairs of this Province, con.stituted and as.sembled by virtue and imder the Autliority of an Act of the Parliament of the United Kingdom of (ireat Britain and Ireland ])a.ssed in the J'irst 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 Pariiainent jmssed 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 temj)orary Provi.sion for the Government of Lower Canada," and it is hereby ordained and enacted by the Autliority of the said Acts of Par- liament, That the Act of the Provincial Legislature passed in tlie Sixth Year of the Reign of His late Majesty King William the Fourth, and intituled " An Act to revive, amend, and continue for a limited Time a certain Act con- cerning the Police of William Henry and other \'illages," and the Act revived, amended, and continued by the said last-mentioneil Act, and passed in tiie Fouitii Year of tlie Keign of His late Majesty King George the Fourth, 1 and AND SPECIAL COUNCIL OF LOWER CANADA. 93 No. 1 10. '.-^i' 3 and intituled " An Act to repeal a certain Act therein mentioned, and to provide for the Police of the Boroufih of^ William Henry, and certani other ,^^.„j^ — Villages in this Province," so amended as aforesaid, shall be and the said Acts __^^_^^_,, ^}-J^.^^ are hereby made permanent, and shall remain in force untd repealed or altered ,\ei.. by competent Autiiority. , , . c • i n,, , ,, ' ■ And be it further ordained and enacted by the Authority aforesaid, lliat tiie Act of the Legislature of this Province passed in the Seventh \'ear of tlie Reign of His late Majesty King (Jeoige the Fourth, intituled " An Act more eftectually to provide for the Maintenance of good Order in Churches, Chapels, and other Places of public Worshi|), and for otiier Purposes therein mentioned," which said Act has since been continued in force by other Acts of the said Legislature until the First Day of May One thousand eight hundred and forty, when it would otherwise expire, shall be and the said Act is hereby made permanent, and shall remain in force until repealed or altered by competent Authority, any thing in tiie said Act or in any other Act to the contrary notwithstanding. ... r • i ti .. i Ami be it furtiier ordained and enacted by the Authority aforesaid, 1 hat the Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourtli, and intituled " An Act to increase the Number of Assessors for the Cities of Quebec and Montreal," shall be and is hereby made permanent, and shall remain in force until repealed or altered by competent Authority, any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted bv the Authority aforesaid, 1 hat the Act iiassed in the Second Year of His late Majesty King William the l-ourih, and intituled " An Act to compel WharHngers an.' others to advertise un- claimed (Joods in their Possession," shall be and l!ie said Act is hereby made permanent, and shall remain in fbrce until repe.iied or altered by competent Authority, any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted by the Authority atoresaiil, liiat tlie Act of the Provincial Legislature passed in the Fourth \ ear of the Keign of His late Majesty King William the Fourth, and intituled " An Act to make Provision for indemnifying Pilots while detained in Quarantine." slia I be aiu the said Act is hereby made permanent, and shall remain in force until repealed or altered by comjietent Authority. .,,.,. r • , m-i , ,i And be it further ordained and enacted by the .Authority aforesaid. I hat the Act of the Provincial Legislature passod in the Sixth Year of the Reign of His late Majesty King William the Foiutli, and intituled " An Act to authorize the Sale and Disposal of certain Cioocis unclaimed, and remaining m the 1 os- session of the Clerks of the Peace in this Province," shall be and the said .Act is hereby made iicrnianent, ami shall remain in force until repeded or altereil by competent Authority, any thing therein contained to the contrary nut- withstanding. , . , • .. -1 'PI » .1 And be it further ordaineil and enacted by the Authority aforesiud, lliat the Act of the Provincial Legislature passed in the Sixth Year of the Reign of His late Majestv King William the Fourth, and intituled " An Act for making certain Regulations respecting the OtHce of Siieritf," shall be and the said Act is hereby made pennaneut, and shall remain in force until repealed or altered by competent Autiiority, any thing in tlie said Act to the contrary notwith- sUuiding. ..,.!• I- -1 'pi * .1 And be it iiirther ordained and enacted by the Authority aforesaid, 1 hat t le Act of the Provincial Legislature passed in the Sixtli Year ot the Reign of 1 is late Majestv King William the Fourth, and intituled •' An .Vet to prevent the fraudulent Seizure and Sale of Lands and oilier Real Property witliui this Province," shall be and is hereby made permanent, and shall remain in force until repealed or altered by competent Authority, any thing in the said Act to the contrary notwithstanding. ,.,.,. n • , n., , ., And be it further ordained and enacted by t!ie Authority aforesaid, 1 liat the Act of the I'rovincial Legislature passeil in the Sixth Year of the Reign of His late Majesty King William the Fourth, and iiititided "An Act to repeal certain Acts therein mentioned, and to consolidate the J, rovi-sions therein made for the Encouragement of useful Arts in this Province, shall be and is l.erehv made permanent, and shall remain m force until repealed or altered by competent Authority, any tfihig in the said Act to the contrary notwithstanding. ., . (4.) C 4 And 01 '"% Hciideriiig per- rn.in«tit certain Aci>. •4 ORDINANCES PASSED BY THE GOVERNOR No. NO. And be it further ordained and enacted by tlie Autiiority aforesaid, Tliat ■ — the Act of the Provincial Legislature ])assed in tlie Sixtli Year of the Reign of His late Majesty King William tlie Fourth, and intituled " An Act to regidate the Measurement of Coal," shall be and is hereby made permanent, and shall remain in force until rejicalcd or altered by competent Authority, any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted b' the Authority aforesaid. That the Act of the Provincial Legislature passed in "the Sixth Year of the Reign of His late Majesty King William the Fourth, ami intituled " An Act to afford Relief during a limited Time to Insolvent Debtors," shall be and is hereby made permanent, and shall remain in force until rtp .aled or altered by com- petent Authority, any thing in the said Act to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That the Act of the Provincial Legislature made and passed in the Sixth Year of the Reign of His late Majesty, intituled "An Act to jjiovide less expensive Means for the Recovery of Wages due to Seamen of Vessels belonging to or registered m this Province," which would otherwise expire on the First Day of November One thousand eight hundred and fbrty-two, to which Day it has been continued by an Ordinance of his Excellency the Administrator of the Oovernmeiit of this Province, authorized to execute the Commission of the Governor thereof, and of the Special Council fi)r the AHairs of the said Province, passed in the First Year of Her Majesty's Reign, shall be and the said Act of the Provincial Legislature is hereby made permanent, and shall remain in force until repealed or altereil by competent Authority. And be it further ordained and enacted by the Authority •foresaid, Tliat tlie Act of the Legislature of this Province passed in the Sixth Year of tlie Reign of His late Majesty King William the Fourth, and intituled " An Act tor the 1 ransportation of certain Ofleiulers from this Province to Eiidand to be thence again transported to Xcnv South Wales or \-an Dienien's Land," winch would otherwise expire on the First Day of November One thousand eight hundred and forty-two, to which Day it has been continued by an Ordinance o his Excellency the Administrator of the Goven.inent of"^ this Province autliorized to execute the Commission of the Governor thereof, and of the Special Council tor the Afii.i.s of the said Proyince, pass.d in the First Year of Her Majesty's lU-ign, shall be and the sai.l Act is hereby made Au"tho"it '' '*"""'" '" '"'"''' "'"" '■'''""''■'^ "" ''''"'■''' '•>■ ^"'"Petent tho'^Al^nf'H^"p'"'-"'"''f,'"''^"'^ '""'''.'' ^y tl'e Authority aforesaid. That e Act of the Provmcml Legislature made and passed in tlie Sixth Year of die Reign of His late Majesty King William the Fourth, and intituled "A Act foi the more easy and h'ss expensive Di-ciMoii of Difference between Masters and Mistresses and their Servants, Apprentices, and Lai , er i ^ e Country Parts f this Province," shall be and' the said Act is lu.eby i, e permanent, and shall remain in force until repealed or altered by ^oiJipllISu (Signed) C. Pollktt Thomson-. Ordained and enacted by the Authority aii.resaid. and passed in Special ( ouneil under the Great Seal ,.C the Province, at the (Jovern- meiit House in the City of Montreal, the Thirtieth Day of Aiiril in the Ihinl \ear of the Reign of our Sovereign Lady Victoria, by' It F.:!'fr "', ^°^' ,"' Great 1 ritain and Ireland Queen", Defender of the laith, and so forth, and m the \ear of our Lord One thousand eight hundred and forty. "u-^nu By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. I hereby certify the alK.ve to be a true Copy of a,. Ordinance passed Ivy the Governor of the Province of Lower Canada, by an,] with the Advice and Consent of the Special Council for the Affairs of the said P ov.nce, on ihe Ihirfeth Day of April One thouwnd eight hundred and forty, and in the Third Year of Her Majesty's IteiKn (Siglifd) W. B. LiNDSAV, Clerk Sj)cciul Council. and «l AND SPECIAL COUNCIL OF LOWER CANADA. 25 •Xi (Copy.) No. 141. An Ordinance to provide permonentlj/ for fhr IVnnt of Notaries in the Inferior District o/'(iasi)c, and to remocr the Doubts llicrcin mentioned. ^ •' ' [Po-ssed aotli April IStO.] Whfiiea!. in and by the 'I\-nfli Section of a cL-itain Act miidc and pansed in tiie Eonrih Year of the Reign of Mis Majesty Kinj? Cleorge tiie I'ourth, intituled "An Act to render valid certain Acts, AKreements ni AV ritnifr, and' Contracts of Marriage, Contrats de Mariagc sous Sen.g IVive heretofore executed in tiie Inferi(n- District of (iaspe, and to provide for tiie VV ant o Notaries in the said Inferior District," it is enacted, that cert;un Deeds and Acts, and legal Instruments and Docun.eiits in Writing, tliercin specihed, shall, it executed in the said Inti-rior District within the Period and in the Manner iirovided hy the said Section, and if all the I'rovisions and Re(iuirements {hereof be complied with in regard to the same, have the same Kfiect in certain respects therein mentioned as if the same had been executed before Notaries: And whereas the Perio.l so fixed bv thi- said Act was intended to be exteiidec 1,V divers other Acts until the I'irst Day of May One thousaiul eight hundred aiid thirl v-tive, when it expired, and was afterwards again intended to be renewed and extended bv the Act passe.l in the Sixth Year of the Reign „f Mis late Majesty, intituled " An Act further to inovide during a hniited Time fbr the 'Want of Notaries in the Inferior District ol Gaspe from the Dav of the passing of the said Act until the First Day o May One thousand eight hundred and i'orty, but it was in etlect provided m and by the said last-mentioned Act that the Kxtension ot the Period m the said Section mentioned should cease whenever there should be Notanes I ub lie resident and practising at Carleton, New Richmond, and New Carlisle, m the County of Ronaventiire, ami at Perce and La Orande (ircve, or daspe Iksin, in the Countv of (iaspe: And whereas Doubts have arisen and may arise as to the true Intent ami Meaning of the Provision last above cited, and as to the legal Construction of the I'eiins used in the Acts wiiereby the said 1 erio( was intended to be extendeil as ati.resaid : And whereas tlivers Deeils, Acts, and legal Instruments and Documents in Writing may have been executed in the Manner by the said Section jirovided, between the I'lrst Day of May IJiie thousand .■'i-ht hnmlred aiul thirtv-tive and the passing of the Act herein last above cited,' to which it is desirable t.. give Ktfect as if the same had been so executed during the Period in the said Section mentioned; theretore, ami to remove all such Doubts as afbresaid, and to make permanent 1 rovision (or the Want of Notaries in the said Inferior District, be it theretore ordauied and enacted bv his Kxcellencv the Ciovernor of this Province (.1 l-ywer Canada, hy and with 'the Advice and" Consent of the Special Councd tor the Atiairs ot this Province, constituted and assembled by virtue and iiiulcr the Authontv ot an Act of the Parliament of the United Kingdom of (ireat Hritain and relaiul passed in the Pirst Year of the Reign of Her (.resent .Nlajesty, intituled ;' An Act to make lemporarv Provision tor the (iovi'rnmeiit ot 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 Ihml \ears o the Ri.j.r,, „f Her present Majesty, intituled " An Act to amend an Act ot tiie last'Session of Parliament ti.r inaking temi-orary Provision tor the (.oyeriiment of Lower Canada," ami it is luiel.v declared and enacted by the Authority of the said Acts of Parliament, That any Will. Act, or Agreement in \\ rit nig, Inveiitorv, Partage, Donation, or Contract of Marriage, Contrat de Manage, which m"ay or s'iiall have been executed withm the said Interior District of (iasiie between the Time of the passing of the I'rovmcial .Act hereui hrst above cite.l and the I'irst Day of May One thousand eight nindred ami Orty, in the Manner prescribed by the Tenth Section of the Act last mentioned, and with ivganl to which all the K.Mpiirements of the said Section may or shall have been complied with, has borne ami shall bear Hypothec, ami has had and slial jiave the same legal IClfect, according to its Tenor, as if it luul been executed before Notaries, and shall, as well as the Copies thereof duly ceitihed, be taken ami received as sealed and authentic in all Her Majesty's Courts ot Law in tins Province as if executed before NoUuies ; any Law, Statute, or Usage to the contrarv notwithstanding. , («•'.) D -^ And Nn. 141. NoUries in Inrvrinr District 111' (iimpt. «(J ORDINANCE PASSED BY THE GOVERNOR No. Ul. Noturies in rnferior District of Ot»p6. ) )l And be it further ordained and enacted by the Authority aforesaid, Tliat any Will, Act, or Agreement in Writing, Inventory, I'artagc, Donation, or ('ontract of Marriage, executed within the said Inferior District of (Jaspfi after the said First Day of May One tlionsiuid eight hundreil and forty, in the Manner prescribcti by the said Tentli Section of the Act last mentioned, and with regard to which all the Requirements of the said Section shall have been complied with, shall bear Hypothec, and shall have the same legal Effect according to its Tenor as if it had been executed before Notaries, and shall, m well as the Conies thereof duly certified, be taken and received as valid and authentic in all Her Majesty's Courts of Law in tiiis Province as if executed before Notaries : Provided always, tiiat this Section shai. have no Force or Effect with regard to any Will, Act, or Agreement in Writing, Inventory, Partage, Donation, or Contract of Marriage, so executed, if there shall have been Two Notiiries resident and jjractising in the County in which the same shall have been executed at the Time of the Execution thereof and during Two Months before that Time ; but the Proof that there were Two Notaries so residing and practising siiall in all Cases lie upon the Party disputing the Va idity of any such Act or Instrument as aforesaid ; and if such Proof be not adduced, it shall be held and considered that there were not Two Notaries so resident and practising at the Time such Act or Instrument was executed. (Signed) C. Poulett Tiiomso.v. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the Govern- nient House in the City of Montreal, the Thirtieth Day of April, 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 F^ith, and so forth, and in the Year of our Lord One thousand eight hundred and forty. By his Ev,.'ellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. I hereby certify the above to be b true Copy of an Orilinnnce paised by the Governor of ilie Province of Lower Cnnndn, by and with the Advice and Consent of the Special Council for the Affairs of the said rrovince, on tlie Thirtieth Day of April t)ne thousiuid eight hundred and forty, and in tfie Third Year of Her Majesty's Ucign. (Signed) W. U. Lindsay, Clerk Special Council. No. U2. Administrniion of Jiittice in Inferior Uistrict of (impi'. (Copy.) No. 1 1.'2. An Ordinance to render permanent certain Arts therein mentioned relating to tlie Admmtstratwn of Justice in the Inferior District o/Gaspe. [Passed aotli April 1840.] WuF.nKAs it is expedient to render permanent the several Acts of the llZZTl V^" r"''''?. '"'^^■"l-^<^7 '"^'"ti«"eil ; be it therefore ord.nined and 1, nn •^.1'; ^^ff'^"'-'y t'e(iovernor of this Province of Lower Canada, > and with the A.lvce and Consent of the Special Council for the Affair, o this Province constituted and assembled by virtue and under the Authoritv o an Act of the I'arlianient of the United' Kingdom of Great BHt^ a J Ireland passed in the First Year of the Reign of Her present Maies l'rer'ca;;;t""t5 T r^^^-'Porary Proyirion fbr the^JovJrnmr^f C of ttiT sl^ ''' ^"'"" "."*' ""l^^-^ the Authority of a cerUiin other -n , V ''""c I'^i-hament passed in the Session held in tlie Second •iiul lh.nl Years of the Reign of Her present Majesty, intituled •' Ai Act amend an Act of the last Session of Parliament for nmking temporary Wio !• Francis. this Province herein-after mentioned, which have been continued in ti)rce by a certain Ordinance of his Kxceliency the Administrator of the Clovernment of this Province, authorized to execute the Connnission of the Governor thereof, and of the Special Coimcil for the Atliiirs of the said Province, passed in the First Year of Her Majesty's Reign, intituled " An Ordinance to contintie for a limited Time certain Acts of the Legislature of this Province relative to the Di-trict of Saint Francis," until the First Day of November One thousand eight (4.) D M hundred «s- ORDINANCES PASSED BY THE GOVERNOR Nu. M:<. Kifiiiluriii^ per* inuiicnt I'eruiii \cl» mlativu III ilic District III Si, Kniiu'i*. Iitimlrcd ami forty-two, when tlit-y would ollierwiso t-xpiro ; bo it therefore ortlumeil imil eimcteil by liis Excellency theCiovemor of'tIii.«« Province of Lower Canailii, by and with the Advice imd Consent of tiie Npeciul Council flir tlio Afi'airs of this Province, constituted and assembled by virtue of and uniler the Authority of an Act of the I'arliantenl of the United Rin^doin of (ireat Uritain and Ireland passed in the First Year of the KeiKii of Her present Majesty, intituled " An Act to make lempoiaiy I'rcivision tor the (Jovcrnment of Lower Canada," and also by virtue and under the Authority of a certain oilier Act of the same Parliament passed in the Session held in the Second and Third Years of the lleinn ot ller present Majesty, intituled " An Act to amend an Act of the last Session of Parliament l()r making tem|)orary Provision tor the {Jovernmeiit of Lower Canada," and it is hereby ordaineil and enacted by the Authority of the said Acts of Parliament, That the Act of the Legislatiuv of this Province passed in the I'liiid Year of the Kei>,Mi of ilis late Majesty Kiiijj; (ieoi>;c the I'omtli, and intituled "An Act to erect certain Townshiiis therein mentioiud into an Inferior District, tt) be called the District of Saint Francis, and to establish Courts of Judicature therein," as amended by the Acts herein aller mentioned, and the Act of the said Legislature passed in the 'I'entli and Lleveiith Years of the Iteign of His said late Majesty, intituled " An Act to cdiiliime tor a limited Time a certain Act jiassed in the Third Year of Ilis Majesty's Reign, intituled ' An Act to erect certain To\vnsiii|)s therein nieiitioiud into an Inlerim- District, to be calleil the Inferior District of Saint I'lancis, ami to establish Courts of Judica- ture therein,' and to make further I'rovision for the iliie Administration of Justice in the said District," as amended by the Acts herein-attcr mentioned, and the Act of the saiil Legislature passed in the Second Year of the Kcign of His said Majesty King William the l''oiirlli, intituled " An Act to make better Provision with regaiil to Appeals tinin the Provincial Court ot' the Inferior District of Saint Francis, to establisii {.'ircuits therein, and to extend the IJenetit of the Trial by Jury to the said liiti'rior District," as amended by the Act herein-after nu'iitioned, and the Act ot' the said Legislature jtassed in the Third Year of the lleign of His said late Majesty, intituled " An Act further to continue for a limiteil 'lime, and to aiiieiul, a certain Act therein mentioned relating to the Inferior District of Saint Fraiuis," shall be and ihi' said Acts are hereby inaile permanent, and shall remain in liiice until repealed oi- altered by coin])etent Authority, any thing in the said Acts or Ordinance to the Copy.) contrary notwithstaiuiing (Signed) C. Pouii-tt Thomson. Ordained anil enacted by tiie Aiitli ol llie saiil Province, on tlie Tiiirlielli Day of April Onr thonsarul iii;lit bunibitl anil Ibrty, anil in the Tliird Year of Iter Majesty's Uiifjii. (Sigtieil) W. li. LlNl)s.^v. Clerk .S|)icial Conntil. ..:m AND SPECIAL COUNCIL Ol' LUWEU CANADA. Hi Copy.) — No. Hi. ,\(lmiiii»lrutiuii vl Juitic* ill Civil An Ordinance to ,,r,wide. f,r Ihe ,;m, n»d ''■n^-'fi>i<>i'\fi'''"'>^''''"'^^^^^ JuHfivv in Civil (\im,'s and Matlen involmiK "mall ,„runwn, I aim- "^^^^^^^f ^.^^^^ [I'uHiti'il 'iHli June IWIO.J ' '_ and Inlerent tltruuffliout this I'ravinee. WiiniFAs it is I'xpciliiiit ami iiecossarv to proviili- for tlio cflficii'iit Ailmiiiis- nation of .liisliiT in Civil Caiisfs and MAttuis involving' Muall |.iruniarv Value ■uiil Intnt'st !)>■ tiic Kstalilit'iinR'nt nriuniti'il local JmiMliitions throiigiiouf llni "province, to vsliici. easy Acci>.s may Ik- aH.Mileil to lln Majcstv's Sulijicts, tor the Attaiinnent of .Justice in such (iims expeihtionsly ami at liltle hx[)(nse; he it therefore orilaine.l and enacted hy his lAcellency the (Jovernor ot this Province of l-ower Canada, hy anil wilii the Advice and Consent ot the Special Council H)r the Affairs of tins Province, constituted and asseinhled l.y; virtue and under the Authority of an Act of the Parliament ol the Ciiited Kingdom of CJreat Hritahi and Ireland passed in liie I'irst ^ ear ot the Keigu ot Her present Majesty, intituled "An Act to make temporary ProMMon lor the Govermnent ./Lower Canada," and also by virtue an.l under the Autlmnty ol •I eertain other Act of the same Parliament passed m the .Se.s.su)n held in the Second and 'niird Years ot the Heif^n of Her present Majesty, mtiluled "An Vet to amend an Act of the last Session of Parliament lor making' temporary Provision for the (iovernment of Lower Canada," and it is hereby ordained ■ind enacted hy the Authority of the same, That this Pnivmci' ot Lower ( aiiada 'shall for the Purposes of .Imlieature and of this Ordinance, he dnided inK) such Number of Districts as by the (iovernm- of this Province, by and with the Advice of the Lxecutive Council flir the same, shall be deemed tit and expe- dient- and to this end it shall be lawtiil tlir the said (iovernor, with such \dviJe as aforesaid, on or bei;)re the First Day of December now next ensmuK, to issue a Proclamation under the (iieat Seal of tins Province, wherebv tins Province shall be divided into such Districts as albresaid, and the Limits ol such Districts shall be tixed and appointed. , ,x- . ■ . \nd be it further ordained and enacted, lliat in the said several Distriets into which this Province shall be divided as aforesaid there shall be a Court ot Record of Civil Jurisdiction, to be called the District Court, winch Court shall be held by ami betore the Slierilf of each ot the said Districts, or his Depiitv, at such Places in the >aid Districts respectively as the (iovernor ot ihis Province, in his said Proclamation to be issueil as atoresaid, shall appoint. \nd be it tiirther ordained and eiiactid, 'I'liat it shall be lawlul lor the (iovernor of this Pitwince for the Time being to appoint a Sherill lor each am everv of the said Districts in whicii a Court is established as aton^said, and from" Time to Time to remove siieli Sheritls, and appoint others in the 1 laces of such of them as may be removed, or may ise of Action of the Plaintiff, which Summons may be in the Form contained in the First Schedule to this Ordinance subjoined. And be it further ordained and enacted by the Authority aforesaid. That the said Summons to be issued as aforesaid shall be served at least Six Days before the Day fixed for the lleturn thereof, in the same Manner as is by Liiw required for the Service of a Summons issuing out of Her Majesty's Superior Courts of Civil Jurisdiction in this Province in Actions instituted therein. And be it further ordained and enacted, That if there be Two or more Defendants in any such Action, it shall be sufficient, to give Jurisdiction over all the Defendants to the District Court in which such Action may be brought, that any One of the said Defendants be domiciliated, or have been legally served with Process, within the District in which such Court shall be established : Provided always, that all the said Defendants be served with such Process. And be it further ordained and enacted. That if the Defendant in any such Action should not appear personally, or by his Attorney or Agent, on the Day fixed for the lleturn of the said Summons, his Detiiult shall be recorded, and it shall be lawful for the said District Courts respectively, afler due Proof of tlie Service of the said Summons on the Defendant, in a summary Manner to receive Evidence and hear the Plaintiff in support of his Demand in such Action, and thereupon make and render such Judgment as Law and Justice may require ; and if the Defendant should appear in any such Action, and the Plaintiff should not appear personally, or by his Attorney or Agent, or appearing should not prosecute his Action, or prosecuting it should fail in establishing his Demand, such Action shall be dismissed with Costs to the Defendant iigainst the Plaintiff; and if the Plaintiff in any such Action should establish his Demand, he shall be entitled to recover the Sum of Money or Thing by him demanded, with Costs against the Deti;ndant. And be it further ordained and enacted, That all and every the Issue and Issues of Fact joined in any Action instituted in ami cognizable by the said District Courts liereby constituted, wherein the Sun: of Money or Value of the riling demanded shall exceed Ten Pounds Sterlii.c,, may be tried and deter- mined, and Damages thereon assessed, by the Verdict of a Jury, at the Oution and Choice of any or cither of the Parties in any such Action ; and the Trial by Jury, when so chosen and required, shall be had, and the Verdict of the Jury rendered and taken, in conformity with the Provisions of Law by which Trials by Jury in the Cases wherein they are now allowed in Her Majesty's Courts of Civil Jurisdiction in this Province are regulated, and in like Aiamier xs such Trials are now had, in so far as the Provisions aforesaid are applicable to the s;iid District Courts, except in the Particulars which are differently regulated by this Ordinance. And be it further ordained and enacted. That, for the Trial of Issues of Fact and the Assessment of Damages thereon in the said District Courts respectively, in Cases where Trial by Jury shall be chosen as aforessiid, and appointed by the Court, it shall be lawful for the Sheriff of each and every District in which a District Court is established as aforesaid, or his Deputy, at such Times as it may by him be deemeil necessary, to issue his Precept to one of the Haiiiffs of any such District Court, requiring him to summon, and such Bailiff shall and is hereby re«iuired, on the Receipt of such I'recept, to summon not less than 'i'wenty-four nor more than Thirty-six Jurors living within the District, to be and appear before the said District Court on a l)ay in such ( 1-.) D 1 Precept iSk> 32 ORDINANCES PASSED BY THE GOVERNOR No. 141 Precept to be appointed, from whom a .Tinv shall be taken for tiie Trial of eacf? of the Issues of Fact, in respect of which t, ial by Jury shall have been chosen Administration of .^^ aforesaid, and appointed by the Court ; and each Juror for the Trial of every ■f'r^'rln.iM'lLr- Issue as aforesaid shall be entitled to receive One Siiilling and no more for his hr.ll7»m»ll Service, to be paid by the Plaintiff, and included in the subsequent taxation of |)criiiiiar» Value. Costs, if Costs should be awarded to him. '■ And be it further ordained and enacted, That the Clerks of the said District Courts respectively shall make a List of the Jurors smninoned as aforesaid, with their Places of Abode and Adilitions, and shall cause their Names to be written scverallv on Slips of Pa])or ai\d jjtit into a Pox ; and the Names of the Jin-ors for the Trial of Causes in the said District Courts shall be drawn out of the Pox by the Clerks of such District Courts respectively, and each Party may, until no more than Twelve remain, object to any Person whose Name shall be drawn out, without assiv any such. L^istrict Court as aforesaid awarding or adjudging the I'-niuent of any Sum or Sums of Money, it shall and may Im; lawful for the Slieiiff, or hiii Deputy, by whom such District Court shall be « held, AND SPECIAL COUNCIL IN LOWER CANADA. 33 t) tnerein held. M % -i. V held, at the Expiration of Eight Days ;i!' r the icndering of any such Judgment, Nc 1 11. to issue a Precept under his Hand and t ■ Seal of the said Court, in the Nature . . . ofa Writ of Fieri tacias, against Goods and Chattels, which Precept shall be juXe "^ directed to any of the Bailirts of the said District Court in which such Causes and Mmicr. .ludgment shall have been rendered, who is hereby authorized to levy the involvinn small Sinn or Sinns of Money mentioned in such Precept upon and from the (Joods i"ciini;iry Vuim'. and Chattels of the Party against whom such Judgment shall have bei-n rendered, in the same Manner and according to the same Rules and Regula- tions of Law by and under which any Sheritt' may levy Money by virtue of a Writ of Fieri fiicias issuing out of Her Majesty's Courts of Civil Jurisdiction in this Province. And be it further ordained and enacted, That in all Actions in which the Sum of Money or the Value of the Thing demanded sh, '1 be above Ten Pounds Sterling, and shall not exceed Twenty Pounds Sterlii g, and in which neither of the Parties shall make the Opticni of 'i'rial by Jmy, it shall not be necessary to reduce the Depositions of the Witnesses examined in any such Action to Writing, but the said Witnesses shall be examineil viva voce in open Court, and sufficient Notes of their Evidence shall be taken in Writing by the Sheriff or his Deputy by and bef()re whom such District Court as aforesaid shall be held, in like Manner as Notes are taken by a Judge presiding at a Trial by .liuy, which Notes shall be kept and preserved by such Sheriff or his Deputy, to answer the Pnrjroses of Justice in the event of an Appeal from the .Fudgnient, to bo rendered in any such Action as herein-after provided. And be it fiirthcr ordained and enacted, That an Appeal shall lie fi'om the .ludgments of the said District Courts hereby constituted to the Court of Conunon Pleas for this Province in the Division thereof sitting in the Territorial Division in which any such District Court shall be established, in all Suits ami Actions in which tiie Sum of Money or tlie Value of the Thing demanded shall be above Ten Pounds Sterling, and shall not exceed Twenty Pounds Sterling, and in which neither of the Parties shall have made the Option of Trial by Jury. Provided always, and be it further ordained and enacted. That the Party desirous of a])))eaiing from any such .ludgmcnt as aforesaid shall, within Ten Days after the rendering of the same, make known to the Sheriff of the District, or his Dej)uty, by and before whom such Judgment shall have been rendered, his Intention to a])|)eal from the same, ami shall at the same Time give good and suflicient Security, to tiie Satisfaction of such Sheriff or his Deputy, that he will eti'ectually prosecute the said Appeal, and answer the Condennuition, anil also pav such Cos' . and Damages as shall be awariled by the suiil Court of Conunon I'lcas if the .luilgnient apjiealed from shoultl be allirmeil. And he it further orilained anil enacted, That f()r the Purpose of obviating Delay and K\i)ense in the Pro.-ecution (J'sucli Appeals from tiie Judgments of District Courts as aforesaid, the said Appeals shall be i)ri)secuteil, and Pro- ceedings tliereon had in a smnmary Manner, by Petition of the Ai)pellant Id till' said Court of Common Pleas in the Division thereof to which such Ap|>eal shall lie as aforesaid, setting fbrtii succinctly the (J rounds of Appeal, and praying for thi' Reversal of the .ludgment appealed from, and the rendering of such .ludgment as by the Coiut below ought to have been reiidereil, a Copy of which Petition, with a Notice of the Time at which it is to be presented, shall be served on the adverse Party or Parties, or his or tiieir Attorney or Atlornevs, within Fifteen Days fiom the tendering of any such Judgment so ai>peaied fiom ; and the said Petition shall be presented on the First Day of the Term of the said Division of tlie said Coint of Common Pleas ne\t succeeding the rendering of any such Judgment, if there shall be .111 Interval of Twenty Days between the rendering of such .ludgment and the said First Day of the said Term, and if not then on the Day of the said Term next following the Expiration of such Interval. And be it further ordained and enacted, That it shall be the Duty of the Sheriff or his Dejiuty, by ami bef()re whom any .ludgment appealeil from as af(>resaid shall have been rendered, within I'\)urteeu Days after the giving of Security on any Ai)peal as aforesaid, to certify, under the Seal of the District {'(uirt lu'd by hini, to tiie Division of the Court of Comnion Pleas to which such Appeal may lie, and cause to be filed in the Office of the Prothonotarv ot" such Division, tiie Judgment, Record, and Proceedings to which such Apj)eal (i.) E shall S4 ORDINANCES PASSED BY THE GOVERNOR No \4A. A(iininislralioii of Justice in Civil ( .iii)eMiii(IM4lti'r» :nt()lvii)'i siniill (.'.'(.'iiniiiry Value. I ;i shall relate, together with the Notes of the Evidence which may have been taken in any such Case aa aforesaid, to the end that Hearing and Judgment on every such Appeal may be had and obtained without Delay. And be it further ordained and enacted, That alter tlie filing of such Petition by and on the Part of the Appellant as aforesaid, and the Trans- mission of the Judgment, Record, and Proceedings, and Notes of Evidence as aforesaid, every such Appeal shall, without any other or further Formality, be summarily heard, and Judgment thereon rendered as to Law and Justice may appertain. And be it further ordained and enacted, Tliat the Judgments to be rendered by the said Court of Common Pleas on Appeals from the District Courts as aforesaid shall be final and conclusive, and from such Judgments no other or further Appeal shall lie. And be it further ordained and enacted. That in any Action which shall or may be brought in the said District Courts, in which the Simi of Money or the Value of the Thing demanded shall exceed Ten Pounds Sterling, it shall be lawful for the said Courts respectively in their Discretion, when tliey may deem it expedient or proper for the Ends of Justice, to require the Plaintiffs in such Actions, at or after the Return of the Summons therein, to tile a Declaration setting forth in a sufficient Manner the Grounds and Causes of Action of such Plaintiffs, to which Declaration the Defendant in every such Action shall be held to plead, and on which other and further Proceedings shall be had in due legal Course. And be it further ordained and enacted, That the said District Courts respec- tively, and the said Sheriffs and De])uty Sheiifl's respectively, as well in Court as out of Court, shall have the same Power and Authority witliiti the said Districts res|)ectively as any Judge of the Court of Common Pleas tor this Province in the several Divisions of the said Court hatli and niav lawfully exercise in what respects the Election and Appointment of Tutors or (jnardians and Curators, and the taking of the Counsel and Opinion of Relations and Friends, in Cases where the same are by Law rc(iuired to be taken, the closing of Inventories, Attestations of Accounts, Insinuations, affixing and taking off Seals of safe Custody, and other Acts of the same Nature recpiiring Despatch. And be it further ordained and enacted, That the Sheriffs of the e abated, discontinued, or annulled, but the same shall be transferred ni their present Condition respectively to and subsist (.J.) E U ""il 36 ORDINANCES PASSED IJY THE (JOVEUXOIl No. 111. ;inil dei)eiul in the several ami respective Divisions of the said Court of AdminiTi^ion ..t <^'<>'"'""» l^lpajt into wliicii the Hef^istcis, Muniments, reeoiiU'd o(}icial Acts Jiniice in Civil ^x'^l I'apcrs, judicial and other Proceedings of tlie said Circuit Courts ol' (niiie>nii(l Miiticra Requests, are to be transmitted as aforesaid ; and other and linther I'roceedinijs invii|»iii)^ small ' " ' ■' i i ■ .1 •■ .• ix- • • ... .... j)*('miiiiry Valii shall be tiicreon had in the .said respective Divisions of tiie said (.'oiut of Counnon Plea.s, in tlie Inferior Terms thereof, to Jmi^nnent and Execution, as might have been hail in the saiil Circuit Coiuls of Ueipiests respectively, or in the Inferior Terms of tiie said Divisions of the said Court of Common Pleas, in Causes or Proceedings commenceil and de|)ending hcfi)re the said Court of Connnon Pleas in the said Inferior Terms thereof. Provided always, and be it further oriiaincd and enacted, Tliat nothing in this Ordinance contained shall derogate tiom or in any Mamii'r abridge or atfect the Prerogative of the Crown to erect, constitute, anil appoint Courts of Civil and Criminal Juri.sdiction within this Province, as Her Alaje.sty, Her Heirs or Successors, .shall think proper, or any other Prerogative or Right of the Crown whatsoever. And be it further ordained and ena' ' this Province," wherever they occur . understood as meaning ami com|)re!. authorized to execute the Commi.s.sion v, the Time being. And be it further ordained and enacted. That this Ordinance, and the several Provisions lierein contained, shall commence and have i'lxecution and Efl'ect from and alter the First Day of December now next ensuing. And be it further ordained and enacted, That this Ordinance, 'and the Pro- visions herein contained, shall not cease or exi)ire on the First Day f November which will be in the Year of oiu- Lord One thousand eight hundred and forty-two, but siiall be and remain a permanent Law, and in tidl Force, until the .same .shall be repealed or altered by competent Letrislalive Authority. ^ ' ScHEUL'i.i: No. 1, referred to in the foregoing Ordinances. VictoriiH by the Grace of God of the United Kingdom of (Jreat Britain ami Ire and Queen, Defender of the Faith To the HailiHs of our Di.strict Court in ■I. Tliat the Words "Governor ot '•"•egoing Enactments, are to be die Governor, or the Person ■jvernor, wiihin this Province, tor and for the District of se\erally and respec- .• 1 .• ,,. -»-\i.iuii\ aim resnec- nvefy, greeting: \\ e comnunul you and each of you that /ou suimno,, )y his .\ttoriK'y, in om- Di.s. to be holden at Dav of A.B.oi to appear,' in Person or tnct Court in and for the Di.strict of in the .said District on the to answer C.Z>. of a Plea of [x„iun' of Ad inn], Ibr that .^c [Am; .sW fork hrn^., the Plaint, ff^s ( 'ausr of Actio, 1. •Herein h.il not ' " oui^DSt^- ^^''"'"' "'^'"';p"- •^^■•""> ^''^'■»' '" ""■ ^>'- '-:y ^"J of ,. ., i^^O-...' ^. " mtheVearof:.To;;r"^"''^^'''- •""'■"•''^^ V-ar of our Reign. SciiKui I.,.; No. 'i. refeno.i to in tiie li,.,.goi,ij,- Ordinance. T.MiLF. of Fkes to be taken in .\, nos.s under Ten Pounds .Sterling. lii/ the Juititi;. On every Summons or Attachment ( .Saisie (iagerie. .Saisie Arret or Sai.sie Revc-mhcationj, One .Shilling and Sirpeiue ' tJn every Afhdavif, One .Sliillin,r . ' On every final Judgment, Two'N|,i||i„.,s and .Sixpence - ' '. Jii/ the Clerk. !• or every .Sunimons or Attachment (.Saisie (J agerie, .S.,i.sie \nxx or Nai.s.e Revend.cat.ou), One .Shilling and Sixpence . ' ;or every ( opy of the same, Sixpence - ! ■or every Subjxrna, One Shilling . . . ' For every Copy of Subpa-iia, .Sixpence . . " " SixnIZ" '""■' •'"'^«'"^"' ^""' ^m thereof; One Shilling and f (J I) o li fl (i (J O Jieiicc o 1 r, .V, (/. 1 li 1 fl () 1 (J (J (J 1 (j I li 1-or AND SPECIAL COUNCIL OF LOWKR CANADA. For every l'rcci'|)t of tlie Nature of ii Fieri facias, One Sliilling l' ami Six|)eiice -- . . . . -0 For enteriiif^ anil filing every Opposition or Intervention, One .Shilling ntervention, and Copy For every Juilgment on an Opposition or I thereof, One Shillint? and Sixpence Jijj llw liiiltlfs. For Service of Process, llules, or Orders, and Certificate thereof, One Shilling ..... lor the Seizure of (ioods and ('hattels under Fxecution, and all incidental Trouble, travelling not included. Three Shillings and N'ine-])ence ..... For the Sale of Goods and Chattels under Kxecution, and all incidental Trouhle, including Publications of Sale, Notices, &c., travelling not included, Three Shillings and Nine-pence lleturning Writs of Kxecution, One Shilling ... Mileage on the Service of Process, at the Rate of Four-pence per Mile, without any Charge for the Distance gone over in return- ing, and without any Charge for Mileage on more than One Process against the same l)cf(.'nil;uit. Ih/ tite i'rier. For calling each Cause, Sixpence .... Taui.k of Feks to be taken in Actions above Ten Pounds and un Twenty i'oinids Sterling. Bjf the Ju(/ffe. On everv Summons or Attachment, Saisie (iagerie, Saisie Arret, or •37 (/. (i (i 1 0^9 o () der Saisie Kevendication, Two Shillings and Sixpence On every Verdict of a Jury, Seven Sliillings and Sixpence For taking a Uccogm'zance, Two Siiiiiings For taking every Atlidavit, One Shilling • - - - On entering every final .ludgment, and taxing Costs, Seven Shillings and Sixpence ..... Bi/ the Attorney. Taking Instructions to sue or defend. Five Shillings For conducting the Case of the Plaintiff to final Judgment, in Cases in which Trial by Jury is not re(|uired Drawing, I'Ugrossing, ser\ing, and filing Declaration when specially ri'ipiired by an ()rder of llic Court, Five Shillings l'"(»r tiling Appearance l()r Defendant, (icneral Ksue, and on Pro- ceedings to liual .ludgment, Five Shillings l"or every Sjjccial Plea, Copy, Serxice, and filing, Five Shillings For everv Heplication or other Pleading rendered necessary by a Special Plea, C'opy, Service, and tiling, Five Shillings For suing out a Coimnission lor the Kxamination of Witnesses, including the Interrogatories, and all incidental Trouble, Seven Shillings and Sixi)en(e . . - - - Every necessary Notice, One SInlling . . - . Fvery necessary Atteiulaiice, One Shilling Drawing and engrossing Aflida\it, Copy tiiereof, and Service, Two Shillings and Sixpenct- . . . - - For conducting Case of Plaintili' or Defendant on a Trial by Jury, Ten Shillings ...--- Drawing and digressing liill of ('osts. Copy, Service, anil Attend- ance at 'I'axation, Two Shillings . - •• - Ihi llw Clei-k. For every Summons or Attachment, (Saisie (iagerie, Saisie Arret, or Saisie Kexfiidication,) and tiling Priecipe ti)r it, Two Sjiiliings and Sixpence .-...-- For every Copy of the same, One Shilling and Si\pen,:c (4.) K .^ t) t) o - {) u 7 'i '2 1 n I) 7 t; () .', (I i» .', t» :> u .5 U 7 'i 1 I o ',' ti 10 '2 ',' (I I 'i For N>'. III. AiiiiiiiiistrHlinii of ■Itistice It' Civil ( .iii«f» :iii>l Maftfi' iiiviilvini; miiiiU |«(Miiii»ry Value. St ORDINANCES PASSED BY THE GOVERNOR No. 144. A(liiiini»trHtion of .lu»tice ill Civil CuiiMi and M»tU'r.< involving siniill j'ocuniary Valiic. ill For every Subpoena, One Shilling .... For evory Copy of Subpoena, Sixpence - ","..' For a Commission for tiie Examination of Witnesses, Two Shillings and Sixpence - . . - - - For swcanng Jury and taking Verdict, Three Shillings For filing every Exhibit or Paper, Four-pence - ' , , ' For entering and filing every Opposition or Intervention, Two Shillings and Sixpence For entering Judgment on every Ojjposition or Intervention, and Copy thereof, Three Shillings and Sixpence - - - For entering final Judgment, and Copy thereof. Three Shillings and Sixpence - - - ■ - - " For every Precept of the Nature of a Fieri facias, and tiling Precipe, Three Shillings and Sixjience . . . - - Ihl the Bailiff. For the Service of Process, llules, or Orders, and a Certificate thereof. Two Shillings .----- For the Seizure of (ioods and Chattels under Execution, and all incidental Trouble, travelling not included, Five Shillings For the Sale of (ioods and Chattels under Execution, and all incidental Trouble, including Publications of Notices, tra.elling not included, Five Shillings . . - . . Returning Writ of Execution, One Shilling Mileage on the Service of Process, at the Hate of Four-pence per Mile, without any Charge for the Distance goiu' over in return- ing, aiul without any Charge for Mileage on more than One Process against the same Defendant. Bi^ the Crier. For calling each Cause, Sixpence .... On the swearing of a Jury, One Shilling £ «. rf. 1 () a () s t> <) ■1. o (1 3 () 8 n .'J f) "^ 5 t) r> 1 (1 (I f) 1 Fees to be taken by the Clehks of the Disthrt Couuts on certain extra-judicial Proceedings. On the Appointment of a Tutor or (iuardian, aiul Subroge Tutor or a Curator, (Acte do Tutille or Curatille,) and Copy thereof, Seven Shillings and Sixpence - • - . .07 On the closing of every Inventory, Five Shillings • - (i 5 For the Registration of written Instruments subject to Registration (Insinuation), at the Rate of Sixpence for every Hundred Words. For Certificate of Registry, One Shilling (Signed) -Old C. PouLKrr Thomson. Ordained and enacted by the Antiiority aforesaid, and |)assed in Special Council under the (Jreat Seal of the Province, at the (ioNciii- ment House in the City of Montreal, the Twenty-fifUi Davof.Iune, in the Fourth Year of tiie Reign of our .So\ereign Ladv \'ictoria, bv , the (Jrace of (lod of (Ireat Uritain and Ireland Queen, Defender <)f the Faith, and so forth, and in the Year of our Lord OiU' thousand eight imndred and fortv. By his Excellency's Connnnml. (Signed) W. H. Lindsay, Clerk Special Council. I hereby certify the hIkivc 10 be 11 Iriic Copy (iCnn Orihnnnce passed by tlie Governor of the I'rovinee of Lower t'aiiiuiii, by iiiul wiih the Advice iiiui Consent of the Special Council lor the All'airs of the said Province, on the Twenty-fifth IJay of Jimc (iiie thoiisjind eight iiunJrcd and forty, and in the Fourth Year of Her Majesty's Hei<,ni. (Signed) \V. H. Lindsay. Clefk Siieeial Council. AND SPECIAL COUNCIL OF LOWER CANADA. S9 (Copy.) No. U5. r> 1 (I (I f) 1 No. 145. Now Territoriiil DiviiiiiDs lit I.utver C»na>ln, mill iiiiirt* Ati Ordinance to entalilish new Territorial Divisions of Lower Cunadu, v, >,.., and to alter and amend the Judicature, and provide for the better and iiticieni Atlminn- mora . Hcient Administration of Justice throuffhrut this Province. "' "'"" "' ' ""'" '''' [Passed 2()th June IHW.] WiiEiiKAs tlie Provisions of Law under wliich the existing Courts of Judica- ture in tliis Province liave i)een established are, and have been found by Kxjicrience to be, aitogellierinsufticientand inadequate for tlic due Administra- tion of Justice, and otiier and further Provisions in this Behalf, as well as a correspondinff Alteration in the Division of this Province, for the Purposes of Judicature, have become necessary ; he it therefore ordained and enacted by his Kxccllency the Clovernor of this Province of Lower Canada, by sind with the Advice and Consent of the .Special Council for the Affairs of this Province, constituted anil assembled by virtue and under the Authority of .in Act of the Parliantent of the United Kingdom of Great Britain and Ireland passed in the First Year of the lleign of Her present Majesty, intituled '• \n Act to make temporary Provision for the (ioveriunent of Lower C'linada," and also by virtue and under the Authority of a certain other Act of the siune Parliament passed in the .Ses.ilon Iielil in the Second and Third Years of the Ileign of Her present Majesty, intitided " Aw Act to amend an Act of tlie last Session of Parliament tor making temjjorary I'rovision for the (ioveriunent of Lower Canada," and it is liereby ordained and enacted by the Authority of the said Acts of Parliament, That sounich of an Act of the Legislature of tins Province passed in the Thirty- fourth Year of the Reign of His late Majesty King George the Third, intituled " An Act fi)r the Division of the Province of Lower Canada, for amending the Judicature thereof, and for repealing certain Laws therein mentioned," as enacts that the said Province shall consist of Three Districts, to be called the District of Quebec, the District of Montreal, anil the District of Three Rivers, and determines the Extent and Boundaries of the said Three Districts ; and also so nuich of the siiid last-mentioned Act as erects the County of Gaspe into an Inferior District, to be called the Inferior District of Ciasp^; ; and also so much of an Act of the Legislature of this Province passed in the Third Year of the lleii'-n of lli> late Majesty King George the Fo\u-tli, intituled " An Act to erect cert..Ln Townships therein mentioned into an Inft;rior District, to be called the Inferior District of .Saint Francis," as erects certain Townships and I'arts of Townships therein mentioned into an Inferior District, to be called the Inferior District of Saint Francis; and also so nuich of another Act of the same Legislature passed in tiie Tliiril Year of the Reign of His late Majesty King William the Fourth, intituled " An Act to continue fiir a limited Time, and to amend, a certain Act therein mentioned, relating to the Inferior District of .Saint Francis," as enacts that the said Inferior Diiitrict shall be called the District of .Saint Francis; and also a certain Act of the Legislature of this Province, passed in the Session held in the Tenth and Kleventli Years of the Reign of His late Majesty King (ieorge the Fourth, intituled " An Act to repeal certain Parts of an Act passed in the Thirty- tburtli Year of His late .Majesty's Reign, intituled ' An Act tor the Division of the Province of Lower Canada, for amending the Judiratnre thereof, and for repealing certain Laws therein mentioned, and to ascertain the Boundaries of the District of Three Rivers ;'" and also so much of the .said Act passed in the Thirty-fourth Year of the Reign of His siiid late Majesty King George the Third as in any Marnier relates to the Establishment and Jurisdiction «f Courts of King's Bench in the Districts of Quebec, Montreal, and Three Rivers, and to the Establishment and Jurisdiction of Provincial Courts in the District of Three Rivers and in the Inferior District of Gaspe, and to the Estahlislimeiil of Annual Circuits in the said Districts of Quebec, Montreal, and Three Rivers, and to the Establishment and Jurisdiction of the Pro- vincial Court if Appeals in the siiid Province ; and also so much of the said Act passed in the Third Year of the Reign of His said late Majesty King (ieorge the Fourth as in any Manner relates to the Appointment of a Judge in and fi)r the said Interior District of .Saint Francis, and to ti;e Establislimeni and Jurisdiction ol a Pi ovincial Court therein, and SO much .is (1..) E i confers 40 ORDINANCES PASSKI) HY THK GOVKHNOIl N.-. UJ I'oiifi'is unv Power.' til Na> 'rtrrilorial !"" '""^ "' '''^'''"' i ""iJ i'l^) M) imicll of ■s on till' Miid .Iiiil^'i", or on llu- said IVoviiicial Court l)i>i isiiin* vf LdwiT litiire of this l'ro\ .1 I'l-rtain ollur Act of tho I, III < «i>i an Inferior Courts of .Fiidicature the 'laneis, and to estahlisli iniiiistration of Justice in the said Iiifi'rior District A. Kstablisliin Irict of Saint I'Vaiicis, and ( ein, and to make (inther Provision for the d lie eiit and Jurisdiction of a Court of K WHS so nuieli thereof as eonti'is ourt of Kinp's Hench, or the Jnd.'cs thereof, in 'I Hen an\ as relates to tli I'll in the said Dis- I'ow, •o much of anv other Statutes or 1 erm or in \'aeat oil tl le sail ion ; and also .liirisdictioi I oi P Courts herein. l)et()re mentioned thereof, shall be and tl aws now in t()ice in this I'loviiice as coiili>r: d C oweis on the said Courts of Kin-'s Dencli and J' lovincia - Iierel,. I(e])eal ot the said Acts, and Parts and P le same are or any ol them res])ectively, or on the Jud^a- of this Province as al oresaii I. si )v repealed : iVovid'ed always, that The "•ovisions ot Ads, of the I.edslatiire anv On l'"orce whatever to an\ Act. Ordi lall not have tin I'lK •t of nance, oi- l,aw, or Part ot revu luy: or giving- iKive •dniance, or Law, which shall In such Acts, and Parts and 1 anv Act. een repealed or determined'. rovisions of Acts. And be it fiirtl ler ordained and I) tiir the Purposes of .hid enacted, That this I' ivisioiis or Parts, to be called icature, be divided into I Vovince of Lower Caiiailii the Territorial Division of iMontreal, the 'I respectively the Territorial 1) 'our i)riiicii)al Territorial ivision of Quebec, and the Territinial Division of ( , ,„ ,. tiveK- shall be limited and bounded as follows ■ ti erritorial Di\isi()n of Sherhrookc ;isi)e, winch said Territorial Divisions resjiei J)i ivisiou of Quebec shall be bounded to the "W luidary Line of the Sei-'iiii by a i\w North-west 1 lat IS to say, the said Territorial 'estward by the South-westeru eiice ij,'nior\- of Patiscan as far as it (■•xteiids, and th North Side of the H Lines of the Seigniorv of Saint 1 ford until intersected bv the H ine to the Northern P.oundarv of this I iver Saint Lawrence, and by the Xortheast H iver to the W esti •rii 1 lerre ivei rovinee on the 'HI Pound: aloiiir n the South-western lionndarv I es iiec()uefs and the 'lowiiship of Plaiul- Je^ancour ; thence Kasterlv up the said ■ lie of the lownship of Somerset ; thence Southerlv P iver Chaiulieie: tl leii ne of the Coiintv of .M through the .Middle of tl Southerly iiji-the saiil 1{ South Side of the U Side of the H ice Soiitherlviip the said River to r,ake M e,i,'antic to the iiitic; fhenct' llie said Lake to the .Mouth of Arnold River:' tl i\er to the Sou iver .Saint I iherii Pomukuv of this J'loxiiii leiice ivei It L ;iwrence, and to the' K;istward on the N ( id on the South Side of tl lence by the llastern Hoimdarv of this J ounties of Monavent U' s;iu I 11 Qiieb hall ire :nid ( iver by the '\\'estern'Hoiin,|, 'aspe ; an il 'th i;;.st Di ward of the at comprehend all th;it Part of this 1' :;cteil. That the First of the said Divisions of tiu said Court of Common Plu.;:. siiall ait at the City of Quebec, in the said (1,.) E Territorial 48 OKDINANCKS I'ASSKD HY THK CJOVERNOH No. 143. New 'rerriliiriul DivMJoni of Lu»8r ( 'aimdM, and mure irtieient Adiiiiiiii- traiioii uf Justice. Territorial Division of (^uobcc, at the Tiinei licri-iii-atU'r infiitiom-d, and shall con.sint ot'Tliree or more of the Just ices of the said Court ; and that the Secoml Division of the said Court shall sit at the City of Montreal, in tin- said Terri- torial Division of .Montreal, at the limes herein-al'ter nienlioned, and shall consist of Three or nioie of the .Iiistices of the said Court ; and that the Third Division of the said Court shall sit in tin' Town of Mierhrooke, in the .sjiiii Territorial Division of .Sherhrooke, arul shall consist of Two or more of the Justices of the said Com I ; and that the Fourth Division of the said Court shall sit in the said Town of New ( 'arliNle, and at Carlelon, I'eri e, and I )out,'las Town, in the said Territorial Division of (iaspe, at the 'l"niies herein-alter mentioned, und shall consist of One or more of tlie .lustices ol'the said Court. And he it further ordained and enacted, Tiiat in each of the said Divisions of the said Court oft'ommon Picas r('s|Hetively, composed ol 'i'wo or mon- Justices, it shall he lawfid t()r the (Jovernor of this I'rovince lor the Time being, hv an Instrument under his Hand and .Seal at Anns, from 'lime to Time, as ()ccasion may rcijuire, to appoint One of the .lustices of the saiil Court to im'.siile, and in case of his Death, Ahsencc, or Incapacity to attend in such Division, the senior Justice present shall |)resiile therein until another rresident shall he appointetl as at()resai(l. ^ And he it (iu'ther ordained and enacted. That it shall he lawful U>t the (loyernor of the said I'rovince (or the 'I'ime hciiij,', from I'inie to Time, to designate and nominate such of the said .Justices of the said Court of Common Pleas as he may think tit to sit m tiie Divisions atlnesaiil of liie said Court, and act therein as Justices as at()rcsaid. Aiul he it further ordained and cnactid. That the saiil Coiut of Conunon Pleas hereby constituted, in each of its Divisions, severally and res|)ectively, shall have ami use. as Occasion may rnpiire, a Seal beaVing a Device and Impression of Her Majesty's Uoyal Arms, with an Inscription thereon, expressing that it is the Seal ol'the iiarliciilar Division of the said Court for \vliich It IS intended and to which it may heloiiu; whidi Seal siiall he kept in the Custody of the President of the said' last-mentioned Division, or in case of Jus Absence, or a \'acancy of that Ollice, in the Custody of tlii' senior Justice ot the said iast-mcntioneil Division. Ami be it furtlier ordained and enacted, 'I'hat all Writs and Process to be issued from and out of each of the Divisions of the said Court of Coimnon J leas hereby constituted respectively siialhun and be in the Name and .Style o« Her Majesty, Her Heirs or Successors, and shall be sealed with (he .Seal belonging to the Division of the said Court from which the saim- shall issue, and shall bear the Attestation of the PrcMdent of such Division, or m case of Vacancy of that (Jllice, of the senior Justice of the said Division, and shall be signed by the jnoper Officer whose Duty \i shall be to prepare and make out tlie same. And be it further ordained and enacted. That when a Division of the said Court o) Common Pleas hereby constitiiteil shall consist of Tiirce or more Justices, any 'J'wo of them shall constitute a guorum ; iinuidid always, that If there be only Two of such Justices present, and they shall he divided in Opinion, the Matter shall abide the future .liidgment of the said Court in such Division. And be it further ordained and enacted, i'hat when a Division of the said I ourt of Common Pleas hereby constiliited shall consist of Two Justices the 1 resident (if such Division, in case of a Dillerence of Opinion between tlij said 1 wo Justices, shall have a double or casting Voice. And be it turtlier ordained and enacted, 'I'hat a Prolhonotarv or Chief I ler,< shall fnmi lime to Time, as Occasion may iniuire, be appoin'ted, by the Oovvrnor of tins Province for the Time being, ii,r each of the muI Divisions of tfie .said Court of Common Pleas respectively. And be it further ordained and enacleci. That the said Court of Common J leas hereby constituted in its separate Divisions aforesaid, severally and respectively, shall have and hold cogm/uice of Cases only where the [)elen. •lant ..r Defendants niay have a Domicile or be legally served with Process witlim the Icrritorial Division in which the particular' Division of the said Court resorted to by the Plaintiff shall sit ; provided always, tiiat if there be Ivvo or more Defendant.s, it .shall be suflicient, t., give Jurisdictimi to the particular Division ot the said Court in which tliev mav be sued or impl-ud-d '•' ' that AND SPKCFAL COUNCIL OF LOWKIl CANADA. i3 Coininoii ;.lly and I! i)i-it'ii. I I'rocess llu- sail! tlii'ie be I tu tlie ipleutlod, that tliat any One of the imid Dff'fiulaiitM In- ilomiciliatal or have bciii legally No. MS. MTved with I'locesH within the 'I'erritorial Division in which Niich |mrticiilar Division of the sai.l Court nmy sit. ^r" .'«"''"';■'' And lie it turtlur onlanied and enaeted, 1 hat the .tnstices of the said ( ourt {;„„i,(lii, mil more ot'Cotniniin I'leas, sitting in senarate Divisions as aforesaid, or so many of them eiriiii'iu Adiiiinii- as fthall constitute a (juoruin tiu'reof as aHiresaid, hIkiII have, hold, and exereise, outiun i>i Jmiire. in each of the said Divisions respeelively, the I'ower, Authority, and .luris. ~~* dietion of the whole of the said I'oiirt and ot' tiie .Iiistiees cuin|iosing tiie same. And he it further ordained and enaeted, That in eaeh of the said Territorial Divisions of (^iiebee, Montreal, and Slierlirooke the .lustiees of the saiil Court of Coimnon I'leas lierehy constituted, or any 'l"wo or more of them, shall sit and hold Terms or .Si'ssions of the said Court of Common I'leas liir the Cogni- /.ance of all Civil I'leas, Causes, and Matters which are now cognizahle in the Superior 'i'erms of the Courts of King's Hencli, as now constituted, in the several Districts of this I'roviiiee respectively, iiiid whicli are hereby maile eognizahle in the said Court of Common I'leas ; and the said Terms or Sessions of the said Court of Common I'leas shall he held in the said 'I'erritorial Divisions respectively as follows ; that is to say, in each of the said Terri- torial Divisions of (jiu-hec, Montri-al, and Sherhrooke, from the l''irst to the Twentieth Day of the Months of I'ehruaiy, April, .hme, and October, both Days iiK'iusive, Sundays and I loiiilays excepted. l'ro\i(leil always, and be it further orilained and enacted, That the said Court of Common I'leas in its several Divisions aforesaid, in the said Terms thereof, shall only take cognizance of Suits or Actions wherein the Value of the Matter in disjiute shall exceed the Sum of Twenty Pounds Sterling, unless till' said Suits or Actions res|)ectivt'ly shall relate to any Fee of Office, Duty, lleiit, Income, or any Sum or Siim> of Money payable to ller Majesty, Titles to Lands or Teiieiiieiits, annual Keiit-^, or such like NLitters or Things, where the Rights in future may be bound. Ami be it further ordained and enacted. That in the saiil Territorial Division of (Jaspe the said .lustiees of the said Court of Common Pleas hereby constituted, or any One or more of them, shall sit and hold 'I'erms and Sessions of the said Court of Common I'leas t()r the Cognizance of all Civil I'leas, Causes, and Matters whatsoever, wliieli are cognizable in the said Court of C'ommon Pleas, as IijIIows ; that is to say, at tlie said Town of New Carlisle, from the First to the Twentieth Day of March, and from the F.leveiitli to the Thirtieth Day of Seiitember of each Year; and at Carleton, from the First to the Tenth Dav of .luly of each Year; and at Perce, from the First to the Tenth Day ot' August of each \ i-ar ; ami at Douglas Town, from the Six- teenth to the Twenty-liftii Day of August of each Year; the tirst and last Davs of each of the said Piriods being included, and Sundays and Holidays being exce])le(l. And be it further ordained and enacted, That in each of tiie said Territorial Divisions of Quebec, Montreal, and Slierbrooke there shall be held, by One or more of the .lustiees of the said Court of Connnon Pleas, Interior Terms or Sessions thereof in each Year until the Fifteenth Day of .laiiuaiy which will be in tlii' Year of our Lord One tliousand I'iglit luiiKiri'd and tinty-tliree, and no Ioniser, which Terms shall be held in ami li)r the said Territorial Divisions resiiectively at the Places and Times herein-after mentioned ; that is to s.iy, at each of tlie said Cities of (Quebec and Montreal, and in the said Town of Sherhrooke, from the Tweiity-tirsl to the 'I'hirty-tirst Day of .lamiary, from the Kleveiitii to tiie Nineteenth Day t)f .March, from tiie Twenty-tirst to the Tliirt\-lirst Dav ol May, from the Twenty-fourth to the Thirtieth Day of .lune,' from the" Twcutv-tirst to the Thirty-tirsi Day of August, and from the 'I'weiitv-tirst to the Thirtietli Da\ of November ot each and every Year, the tirst and last Davs of tiie said Periods being iuchideil, and Sundays and Holidays excepted ; and lliat the said Court of Common Pleas, in the said several Divi- sions thereof res])ectively, shall, in the saM Interior Terms thereof, have the same .lurisdiction, Powers, and Authority wiiicli by Law are now vested in the said Courts of King's Pencil l()r the Districts of (Quebec and Montreal, as now constituted, in tlie Inferior Terms thereof, and subject to the same Kvocation and Removal of certain Suits or Actions t'rom the said Inferior Terms of the said Court ol t'onunon Pleas to the Superior Terms thereof as are now autiio (1-) I" u ORDINANrES PASSED BY THE GOVERNOR Nu. 145. New Territoriul UivisioDs of Luwer Canada, and more eiricient Adminis- trntion of Justice. rized and may be obtained from the Inferior Terms of tiie said last-mentioned Courts of King's Bench for the Districts of Quebec and Montreal respectively to the Superior Terms thereof, and under the same Rules which now govern such Proceedings in the Inferior and Superior Terms of the said Courts of King's Bench. Provided always, and it is liereby further ordained and enacted, That the said Court of Common Pleas, in the said Inferior Terms to be held in the siiid Territorial Divisions of Quebec, Montreal, and Sherhrooke as aforesaid, shall and may have and hold cognizance of; hear, try, and determine in a summary Manner, without Appeal, Suits and Actions of the Nature of those now cognizable in the Inferior Terms of the said Ixst-mentioiied Courts of King's Bench, wherein the Sum demanded shall not exceed the Sum of Twenty Pounds Sterling, in the same Manner and under anil subject to the same Rules and Regulations as now obtain in the said Inferior Terms of the said Courts of King's Bench in Suits and Actions wherein the Amount claimed does not exceed Ten Pounds Sterling. Provided also, and be it further ordained and enacted, Tiiat the said Court of Common Picas hereby constituted, in the Inferior Terms thereof to he held in the said Territorial Divisions of Quebec, Montreal, and Siierbrooke as albre- said respectively, shall have and hold cognizance of Cases only where the Defendant or Defendants may have a Domicile or be legally served with Process within the Territorial Division in which the particular Division of the said Court resorted to by the Plaintiff in the Inferior Terms thereof shall sit, unless there be Two or more Defendants, in which Case it shall be sufficient, to give .Jurisdiction to the particular Division of the said Court, in the Interior Terms thereof in which they may have been sued or impleaded, that any One of the said Defendants be domiciliated or have been legally served witii Process within the Territorial Division in which such particular Division of the said Court in the Inferior Terms thereof may sit. And be it further ordained and enacted, That an Ap})eal and Writ of Error shall lie from the Judgments of the said Court of Connnon Pleas hereby constituted in the several Divisions aforesaid, in the Terms thereof aforesaici, other than the said Inferior Terms, to the Court of Queen's Bench herein-afler constituted, in every Case in which an Appeal or Writ of Error now bv Law lies from the Judgments of the Courts of King's Bench in the several Districts of this Province, in the Civil Suijcrior Terms thereof, to liie Provincial Court of Appeals, as heretofore established and subsisting at the Perioil herein-after appointed tor the Connnencement of this Ordinance, upon the same 'i'erins and Conditions, and under and subject to the same Restrictions, Linntations, Rules, and Regulations as are now established anil oi)tained in Ai)peals fiom the said Courts of King's Bench to the said Provincial Court of Apjieals. And be it further ordained and enacted. That it shall and may he iawfid to and for the said Court of Common Pleas, in its several Divisions afijresaid, bv Connnission or Connnissions under the Seal of such Divisions respectivelv, to authorize and appoint any fit or projjcr Person or Persons, cither generaliv or in any particular Case, or for One or more Term or Terms onlv, to receive the Acknowledgments or Recognizances of Bail on Bail Process and to administer Oaths for the Justification of Bail, and for receiving and taking the Declaration on Oath of any Ciarnisliee or Garnishees, and fijr receiving and taking the Answers of any Party or Parties on Interrogatories on Facts and Articles (Fails et Articles), or on the Juramentum Litis Decisoriuni, or on the Juramentiuu Judiciale, and t()r the Examination of any Witness or Witnesses upon Interroga- tories, and tor the taking of any Affidavit, Declaration on Oath, or Affiiination, in any Suit, Matter, or Proceeding which may be depending or about to l)e instituted in the said Court of Common Pleas, upon such Occasions as the said Court shall think fit to issue the said Commissions. ^ And l)e it further ordained and enacted, 'I'liat, fi)r the Purpose of estabhsliing Uniformity in tlie Practice and Proceeilings of tlie said Court of Common Pleas in its several Divisions, it shall be lawful (i)r the Justices of the said Court, or any Six of them, to meet, at any Time or Times alter the Period herein- after appouited for the Commencement of this Ordinance, for the Pur|,ose of framing and adopting Rules to govern the Practice and Forms of Proceedings arid Process of the siiid Court wilii Unilinnnty in its several Divisions, and that the said Rules so flamed and adopted by the said Justices, or aiiv Six of them, AND SPECIAL COUNCIL OF LOWER CANADA. 45 them, not being repugnant to this Ordinance, or to the Law of the Land, shall, No^MS. after Publication tnereof in the said Divisions respectively, become and be New TerriuJrial the Rules of Practice of each and evc-y of the said Divisions, and shall Divisions of Lower continue to be binding and observed therein until the same may be rescinded, Canada, and more altered, or modified by the said Justices, or any Six of them, at any subsequent ff^fion *„f j™',';"^" Meeting or Meetings of the said Justices, or any Six of them, to be for that ' Purpose had, and the Publication in the said Divisions of the said Court resj)ectively of the new Rules or Orders by which the same shall or may be rescinded, altered, or modified. And be it further ordained and enacted. That all and singular the Laws of this Province, which before and at the Period herein-after mentioned for the (Commencement of this Ordinance were and shall be in force to govern and direct the Proceedings and Practice of the Courts of King's Bench in the several Districts of this Province, as now constituted, in the Exercise of the Civil Jurisdiction of the said Courts, as well in the Superior as the Inferior Terms thereof respectively, and which arc not expressly repealed or varied by this Ordinance, shall continue to be in force and be observed in and by the said Court of Common Picas in its several Divisions aforesaid, as well in the Superior as the Inferior Terms thereof respectively. And be it further ordained and enacted. That all and every the Records, Registers, Muniments, and Judicial and other Proceedings of the Courts of King's Bench in the several Districts of this Province, in Civil Matters, shall forthwith, after the Period hereinafter appointed for tlie Commencement of this Ordinance, be transmitted into and make Part of the Records, Registers, Muni- ments, and Judicial and other Proceedings in the said Court of Common Pleas liereby constituted in the respective Divisions thereof, to and by which the Powers of the said Courts of King's Bench respectively have been transferred, and in pursuance of this Ordinance arc to be exercised ; that is to say, all the Records, Registers, Muniments, and Judicial and other Proceedings of the said Court of King's Bench for the District of Quebec shall be transmitted into the said Court of Common Pleas in the aforesaid First Division thereof; and all the Records, Begisters, Papers, and Judicial and other Proceedings of the said Court of King's Bench for the District of Montreal shall be transmitted into the aforesaid Second Division thereof; and all the Records, Registers, Papers, and Judicial and other Proceedings of the said Court of King's Bench for tlie District of Three Rivers shall be transmitted into the said Court of Common Pleas in the aforesaid Second Division thereof; and all the Records, Registers, Papers, and Judicial and other Proceedings of the said Court of King's Bench for the said District of Saint Francis shall be transmitted into the said Court of Connnon Pleas in the aforesaid Third Division thereof; ami all the Records, Rei,'isters, Papers, Judicial and other Proceedings of the said Provincial Court of the saiil Inferior District of (Jaspe shall be transmitted into the said Court of Common Pleas in the aforesaid Fourtii Division thereof. And be it further ordained and enacteil, That no .Judgment, Order, Rule, or Act of the said Courts of King's Bench respectively, legally pronounced, given, had, or done bc(i)re the Commencement of this Onlinauce, shall be hereby avoided, but shall remain in full Force and Virtue as if this Ordinance had not been ])assed ; nor shall any Action, Information, Suit, Cause, or Proceeding, depeiuling in the said Courts respectively, be abated, discontimied, or amuilled, but tlie siune shall be transferred, in thei'r present (.'ondition respectively, to and subsist and depend in the several and respective Divisions of the said Court of Connnon Pleas herehy estahlished, into wiiich the Recorils, Registers, Muni- ments, antl ot'ier .ludicial Proceedings of the said Courts of King's Bench respecti\ely, and of the saiil Provincial Court of the said Intijrior District of (laspe, are to be transmitted as aforesaid, as if tiiey had respectivelv been com- mcnced, brought, or recorded in the said Court of Connnon Pleas hereby established, anil other ami tiirther Proceedings shall be therein had in the said respective Divisions of the said Court of Connnon I'leas to Judgment and Execution as might have been had in the said Coiut of King's Bench and Pro- vincial Court resiuctivelv, or in the said Court of Common Pleas in Cases or Proceedings commenced and ilepeniiing before the said Court of Connnon Aiu! be it fiirtiier ordained and enacte.!, That every Writ or Process which is or shall be returnable into any of the said Courts of King's Bench, ni the (4.) F 3 several 4.6 ORDINANCES PASSED BY THE GOVERNOR No. I4J. New Terriloriiil ])irisions of Lower ( anada, and more efficient Adminis- tration of Justice. several Districts of this Frovince as now constituted, at anv Day subsequent to the Period herein-after appointed for the Commencement of this ')rdinance, shall be retmned into that Division of tiic said Court of Common Pleas into which the Records, Registers, and Proceedings of tiie Court of King's Bench from whicii such Writ or Process may have been or be issued are l)y this Act directed and required to be transmitted ; and every such Writ and Process shall be held and considered to be returnable on the First Day of the Term of the Division of the said Court of Common Pleas to which it is hereby made return- able next following the Day on which such Writ or Process shall iiave been issued. And be it further ordained and enacted. That there shall he held Four Times in every Year, in each of the said Territorial Divisions of Quebec, Montreal, Sherbrooke, and Gaspe, a General Session of the Peace, by the Justices of the Peace of the said Territorial Divisions resi)ectively, or any Tiiree of them, whereof One shall be of the Quorum, who shall hear, try, .md determine all Matters relating to the Conservation of the Peace, and all Crimes and Criminal Offences, Causes, and Matters which are or may be cognizable in and by a Genera! or Quarter Session of the Peace, according to the Laws in force in this Province ; and the said Sessions of the Peace for the said Territorial Divisions of Quebec, Montreal, Sherbrooke, and Gaspe shall respectively be held as follows ; that is to say, at the Cities of Quebec and Montreal and the Town of Sherbrooke, in and for the said Territorial Divisions of Quebec, Montreal, and Sherbrooke respec- tively, from tlie Tenth (o the Nineteenth Day ot each of the Months of January and July, and from the Twenty-first to the Thirtieth Day of each of the Months of April and October, the first and last Days of eatii of the said I'eriods being included, .ind Sundays and Holidays excepted ; and at the Town of New Cariisle aforesaid, in and for the said Territorial Division of Gaspe, from the Eleventh to the Sixteenth Day of January, and from the Twenty-first to the Twenty-sixth Day of Jidy of each Year, both Duys inclusive, andSundavs and Holidays excepted; and at Carleton, Perce, and Douglas Town, in and f()r the said Territorial Division, during the Six Days immediately following tiie Terms or Sessions herein-befbre appointed tor the holding of the said Court of Conunon Pleas in the said Territorial Division of (iaspe ; and the saiil .Justices of the Peace in their said (ieneral Sessions of the Peace, to be held as .aibresaid, shall be vested with and shall and may exercise, within the Territorial Divisions aforesaiil respectively, all and every the Powers, Authorities, aiul Jurisdiction which at the Commencement of this Ordinance shall by Law be vested in and required to be exercised by the General Sessions of the Peace in the several Districts of Quebec, Montreal, and .Saint Francis, and in tlie aforesaid Inferior District of (iaspe respectivelv. Provided always, and be it further ordained and enacted, That it shall be lawful for the Governor of this I'rovince, from Time to 'I'imc and at ^iwU Times as in his Discretion he may deem expedient, to issue Coiiiinissioiis of the Peace fi)r any or every District" or County or any City or Town within tiie said Territorial Divisions respectively as if this Ordinance liaii not been ])assed, anything herein contained to the contrary notwithstanding; and wiien any such Commissions of the Peace may he issued, the (ieneral or (Quarter Sessions ofthe Peace to be held by virtue and under the Authority of the same .sli;i!l be held .at the several and respective Times herein-hefore ajipoiiited f()r the hoidin" of the General or Quarter Sessions of the Peace in and fl)r the saiil Territoriri Divisions of Quebec, Montreal, and Siierbrooke respectivelv, and at the Places that may be appointed tor the holding of the District ('ourts in the said L^i visions resjiectively. And be it further ordained and enacted, That all and iveiy the Powers and Authorities which by any Law of this Province in ihnv ai the Time of tiie Comuieiicement of this ()idinance, or hv or uiidiT anv Cominissiaii under the (ireat Seal of this Province, or uiuk ■ tii'e Si^al at Anns ofthe (iovemor of this 1 rovince, or by any other legal and competvnt Aiitlioritv, shall liave been granted or established, or simll be required to be or niav or"ini"lit lawfiilly be exercised within the said Districts of Quebec, Montrc^il, and Saint l''rancis and in the s;ud Inferior District of (Jaspe, respectively, shall continue to subsist ni the s.iPie lorce and with the same Kflect, and shall and niav be exercised in Ike Manner, witinn the «3id Territorial Divi.ious of .^ucliec'Muni.v.d, Shi-i- broke, and X^aspe, respectively, as tiiey would have subsisted and might have been AND SPECIAL COUNCIL OF LOWER CANADA. 47 been exercised in the said Districts and Inferior District respectively if this ^o. M5. Ordinance had not been passed, except in so far ils such Powers and Autho- j^j„ ivritoriiil rities may be abrogated, revoked, or annulled by or may be inconsistent witii DivUions of Lower the Provisions of this Ordinance. (.annda, and more And be it further ordained and enacted. That, from and after the Period «*cient Adminis- herein-atlcr appointed for the Commencement of this Ordinance, there shall "" """' "' '^' be erected and established in this Province a Supreme Court of Record, to be called the Court of Queen's Bencii for the Province of Lower Canada, and the said Court shall consist of and be holden by and before the Chief Justice of this Province for the Time being and Two Puisn(5 Justices, to be named and appointed from Time to Time by Her Majesty, Her Heirs or Successors, by Letters Patent under Her or Their Great Seal of this Province. And be it further ordained and enacted. That the said Court of Queen's Bench hereby constituted shall have original Criminal Jurisdiction throughout this Province of I.ower Canada, in like Manner as Her Majesty's Court of Queen's Bench in that Part of Great Britain called England hath and may lawfully exercise Criminal Jurisdiction throughout the said Part of Great Britain called England, with full Power and Authority to take cognizance of, hear, try, and determine, in due Course of Law, all Pleas of the Crown, Treasons, Murders, Felonies, and Misdemeanors, Crimes and Criminal Offences whatsoever, heretofore had, done, or conuiiitted, or which shall hereafter be had, done, or connnitted, or whereof Cognizance may lawfully be taken within this Province of Lower Canada, save and except such as may be cognizable by the Jurisdiction of the Admiralty. /\nd be it further ordained and enacted. That ail and every the Powers, Authorities, and Jurisdictions in Pleas of the Crown, Crimes and Criminal Offences, of what Nature and Kind soever, which by Law are required to be exercised and may or might be exercised by and are vested in the several Courts of King's Bench in the several Districts of this Province as now con- stituted, or any or either of them, and by the several Justices of the said Courts, or any or either of them, as well in Term as in \'acation, shall, from and after the Commencement of this Ordinance, become and be vested in the said Court of Queen's Bencli hereby constituted, and shall and may be as effectually exercised by the said Court of Queen's Bench hereby constituted, and the Justices tliereof, severally and respectively, as tlie same might have been exer- cised and enjoyed by the said Courts of King's Bench, and any or either of them, and the several Justices thereof, or any of them, if this Ordinance had not been passed. Anil be it further ordained and enacted, That the said Chief Justice of the Province, and the said Puisne .Justices of the said Coi«t of Queen's Bencli ti)r the Time being, shall severally and respectively be and they are hereby appointed to be Justices and Conservators of the Peace, anil Coroners, within and throughout this Province of Lower Canada. And be it further ordained and enacted, That the sjiid Court ot Queen's Bench hereby constituted, and the Justices thereof, shall have, hold, and exercise a Supreme Appellate Civil Jurisdiction, and also the Juristliction of a Supreme Court of Error, within and throughout this Province of Lower Canada, with full Power and Authority to take cognizance of, hear, try, and determine, in due Course of Law, all Cases, Matters, and Things ajinealeil and to be appealed, or removed and to be removed by Writ of Error, from all, each, and every Judge and Judges, Court and Courts, wherein an Appeal or Writ of Error by Law lies or is allowed, or hereafter may by Law lie or be allowed. And be it further ordained and enacted. That all and every liie Powers, •Authorities, and Jmisdictions which by Law are reijuired to be exercised and may or iniglit be exenised by and are vested in the Provincial Court of Appeals as now constituted in and t()r this I'rovince of Lower Canada, and by or in the several Judges or Members of the said iVovincial Court of Appeal, or any of them, as well in Term as in \'aeation, shall from and after the Connnencement of this Ordinance become aiul be vested in the saiil Court of Queen's Bench hereby constituted, and shall and may be as efVectnally exercised by the said Court of (Queen's Bench hereby constituted, and the .lustices ihereot', severally and respecti\ ely, in Term or in Vacation, as the same might have been exercised and enioved by tlie said Provincial Court of Appeals, and the several Judges ( i.y ' F 4. or 48 ORDINANCES PASSED BY THE GOVERNOR No. MS. Now 'I'errUorial Divisions of Lower ( anudii, mid more efficient Adniinia- imtion of .liistice. to be directed to sucli Courts, or Members thereof, or any of them, in Term or in Vacation, if tliis Ordinance liad not been passed. suci Bodies called Order, Britain shall ccdendo, Prohibition, Quo warranto, and Error, _ Magistrates, and Persons, Bodies I'olitic and Conwrate, as the Case may require, in lil.e Manner and for the same and like Causes tor whicli sucli ^V nts may or might be legally awarded and issued by and from the Court ot Queen s Bench in the said Part of Great Britain called England, and the Justices thereof, or any of them, and for which the Courts of King's Bench m the several Districts of this Province, and the Justices thereof, or any of them, before the passing of this Ordinance, may have awarded and issued the same, and siiall have Power to punish any Contempt of the said Writs or wilful Disobedience thereto by Attachment, Fine, and Imprisonment. And be it further ordained and enacted, That the said Court of Queen s Bench hereby constituted shall have, and use as Occasion may require, a Seal bearing a Device and Impression of Her Majesty's Royal Arms within an Exergue, and a l^bel surrounding the same, with this Inscription " The Seal of the Court of Queen's Bench " (or King's Bench, according as the Sovereigii on the Throne may be King or Queen,) "of Lower Canada," which Seal shall be kept in the Custody of the said Chief Justice of the Province, and m case of Vacancy of the Office of Chief Justice the same shall be kept in the Custody of the Person who shall be senior Puisne Judge during such Vacancy. And be it further ordained and enacted, That all Writs, Precepts, and Process to be issued from and out of the said Court of Queen's Bench shall run and be in the Name and Style of Her Majesty, Her Heirs or Successors, and shall be sealed with the Seal of the said Court of Queen's Bench, and shall liave and bear the Attestation of the Chief Justice, or, in the Vacancy of that Office, of the senior of the Puisnty in Her Privy Council, upon tiie same 'i'erms and Conditions, liiid in the same Maniu'r and Form, and under and subject to the same Ue- strictions, llules, and Uegidations, as have been and now are established and obtain in Ap|)eals tiom tlie said Provincial Court of A})peals to Her Majesty in Her Prliy Council. Ami be it fiulher ordaineil and enacted. That it shall and may be lawfid for the saiii Court oi' (Queen's 15i'nch hereby constituted, by Commission or (-"oni- ii»issions nndiT the Seal of the said Court, to authorize and appoint any tit or proper Person or Persons, either generally or in any particular Case, or for One or more Turn or Turns only, for the tiiking of any Aflidavit or Altirmation in any Suit, Matter, or P.oceeding which may be depending or al)out to be instituted in the said Court, u])oii such Occasions as the said Court shall think tit to issue such Commissions ; provided that nothing herein contained shall extend to authorize the i.-.suiiig of any Connnission or Connnissions for the Fxamiuation of any \\ itness or \) itnesses upon any Indictment or Information for any Offence whatever to be tried and determined by and before the said (^ourt. And be it further ordained and enacted, That all and every the Laws of this Province which, beti)re and at the Period hereinafter a|)pointed for the Counnencement of this Oniinance, were and siiall be in force to govern and direct the Proeeedingn and Practice of the Courts of King's Bench in the several Districts in this Province in the Kxereise of their Criminal Juris- diction, and to govern and direct the Proceedings and Practice of the Pro- vincial Court of Appeals afijresaid, and which are not expressly repealed or varied by this Ordinance, siiall continue to be in f()ree and be observed in and by the said Coiut of (Queen's Bench hereby constituted, in the same Manner a > the same would have been observed in the said Courts of King's Bench, and in the said Proviuci.il Court of Appeals respectively, if this Ordinance hati not been |>asseil. « And be it t'lirtlier ordained and enacted, Tiial all and every the Records, Begisters, Muniments, and judicial and other Proceedings of the several Courts of King's Bench in the several Districts of this I'rovinee, in Criminal Mailers, and appertaining to the t^riminal Jtuisdiction of the .said Courts, and all and every the Records, Registers, Muniments, and judicial and other Proceediiigs of the Provincial Court of Appeals aforesaid, shall forthwith, after the Period herein-after appointed tor the Commencement of this Ordinance, be transmitted into and made Fart of the Records, Registers, Miuiiments, ( i.) G and 50 ORDINANCES PASSED BY THE GOVERNOR No. I -15. New Territorial Uivisioiis of Lower Caiiiulai, anil utore cHicient Adminis- iruiiuii of Jiisiioi'. and judicial and other Proceedings of the said Court of Queen's Bench liereby constituted. ,^ , r, , And be it furtlier ordained and enacted, That no Judgment, Order, Rule, Act of the said Court of King's Bench in the several Districts of this or Province respectively, in Criminal Matters, and appertaining to the Criminal .lurisdiction of the said Courts, or of the Provincial Court of Appeals aforesaid, legiilly pronounced, given, iuui, or done before the Period herein-after appointed for the Commencement of this Ordinance, siiall be hereby avoided, but shall remain in full force and virtue as if this Ordinance had not been passed ; nor shall any Indictment, Information, Suit, Appeal, Writ of Error, or Proceeding, depending in the said last-mentioned Courts of King's Bench and in tlic said Provincial Court of Appeals, be abated, discontinued, or annulled, but the same shall be transferred, in tlieir then present Condition respectively, to, and subsist and depend in, the said Court of Queen's Bench hereby established, according to the several Jurisdictions hereby given to the said Court severally and respectively, to all Intents and Purposes as if they had been respectively commenced, brought, found, presentetl, or recorded in the said Court of Queen's Bench hereby constituted ; and the said Court of Queen's Bench hereby constituted shall have fiiU Power and Authority to proceed accordingly, on and in all such Indictments, Informations, Suits, Appeals, Writs ol' Error, and Proceedings, to Judgment and Execution, and to make such Rules and Orders respecting the same as the said Courts of King's Bencli or Provincial Court of Appeals might have made, or as the said Court of Queen's Bench hereby established is hereby empowered to make, in Causes, Suits, Appeals, Writs of Error, or Proceedings com- menced or depending before tlie said Court of Queen's Bench hereby established. And be it further ordained and enacted. That every Writ or Process which is or shall be returnable into any of the said Courts of King's Bench as now constituted, in the Exercise of their Criminiil Jiuisdiction, or into the said Provincial Court of Ajipeals, on any Day subsequent to the Commencement of this Ordinance, shall be returned into the said Court of Queen's Bench liereby constituted, and shall be held and considered to be returnable on the first Day of the Term of the said Court of Queen's Bench next following the Day on which such Writ or Process shall have been issued. And be it further ordained and enacted, That all and every the Powers and Authority wiiich, before and at the Period herein-after ajjpointed (or the Connncncement of this Ordinance, were and siiall be by Ijxw vested in the several Courts of King's Bench in the several Districts of this Province, and iu the Chief Justice and the Justices thereof respectively, relating in any Manner or Way to tiie Writ of Habeas Corpus, as well in Criminal us in Civil Cases, and to the awarding or issuing or lletuni thereof, and to the hearing or determining in due Course of Law of any (Question, Issue, or Matter thence arising or incident thereto, shall be and the same are hereby vested in the said Court of Queen's Bench hereby constituted, concurrently with the said Court of Common Pleas hereby constituted, and in the said last mentioned Courts, ^evel■aliy and res])ectively, and in each and every of the Justices of the said last-mentioned Courts of Queen's Beiuh and Common I'leas respectively, as well in Term as in \'acation ; which said Justices respectively shall be subject and liable to the same Penalty for denying in Vacation Time any \\'rit or Writs of Habeas Corpus as is provided by a certain Ordinance passed by the (iovernor and Legislative Council of the late Province of Quebec, intituled " An Ordi- nance for securing tlie Liberty of the Subject, and ti)r the prevfMiting of Imprisonment out of this Province," for the Denial of a Writ of Habeas Corpus in Vacation Time by the Chief .Justice, (."ommissioiurs for executing the Oflice of Chief Justice, or Judge of the Court of King's Bench, in the said Ordinance jiientioned ; and tJie said Penalty shall he recovered from the said Chief Justice of the Province, and the Justices of the said Court of Queen's Bei.ch hereby constituted, and the Justices of the said Court of Common Pleas hereby coti- stituled, resi)cctive!y, in the like Cases and ("ircumstances and in the same Manner as is pioyided in and by tiie said last-mentioned Ordinance in respect of the Chief Justice, Commissioners for executing the Office of (;hief Justice, and Judges in tiie said Ordinance last aforesaid mcntioijcil. And AND SPECIAL COUNCIL OF LOWER CANADA. 51 And in order to provide for the more prompt and convenient Administration J — ' of Justice in Criminal Matters tlirouf,'hoiit tiiis Province, be it further ordained New Tcrritorhil and enacted. That it «hall be lawful for the Governor of thU f ^j"^.^. ^"•d ^.e .^^ «~ ndt^r hereby re(iuired, at least '1 wice m each \ear, and oflcnc'r if Cncumstances .^^j.^ ' ;^,,„i„i,. should render it fit and expedient, to issue Commissions of Oyer and lerminer „-g,|n„ ofJuuicc. and General Gaol Delivery into each and every of the Districts or Counties of this Province in which Court Houses and Gaols now are or hereafler may be erected, by which Commissions the Commissioners therein named shall be invested with and have tiie like Jurisdiction, Power, and Authority in the Kxecution ot the Law.^ of this Province as Commissioners or Justices of ()yer and Terminer and CJenerul Gaol Delivery by Law have or may lawfully exercise in tiie aforesaid Part of (Jreat Brilam called England, under Com. missions of Oyer and Terminer and General Gaol Delivery, in execution of the And whereas it is expedient tliat the Benefit of Trial by Jury should be extended and facilitated, and the Administration of Justice assimilated to that which obtains in the said Part of Great Britain called England, in what respects the EsUiblishmcnt of Circuits, and the holding of Assizes, and the Exercise of Jurisdiction, Powers, and Authorities similar to those exercised by Commis^- sioners or .lustices of Assize and Nisi Prius under Commissions ot Assize and Nisi Prius in the said Part of Great Britain called- England ; be it therefore ordained and enacted, That from and after tlu- Perioil herein-after appointed for the Commencement of this Ordinance all and every the Issue and Issues o Fact ioincd in any Action, jiersoiial, real, or mixed, which may be instituted in the said Court of Common Pleas hereby constituted, may be tried and determined bv the Verdict of a Jury, at the Option and Choice of any or either of the Parties' in any such Action ; and the Trials by .hny, when so chosen and renuired, shall be had, and the \'erdict of the Jury rendered and taken, in conformity with the Provisions of Law by wiiicli Trials by Jury m H'o Cases %vhereiii they are now alloweil are regulated, and in like Manner as such 1 rials arc now had. . , ,, , , <• i r .i And be it further ordained and enacted, That it shall be lawful foi the Governor of this Province, by a.ul with the Advice of Her Majesty s Executive Council thereof, when Circumstances may render it expedient, to diyule ttiis Province into Circuits, to be respectively ilenominated, limited, and es ab isliccl by an Order of the said Governor in Council in this Behalf ; and it shall also be lawful for the said Governor from Time to Time to designate and nominate the Justices ..f the said Courts of (Queen's Bench and Common Pleas rcspec lively bv whom the said Circuits shall be travelled and gone over, and the Duties of .lodges on sucii Circuits perf()rmed. ■ „ i i i i „„ .!,„ And be it linther ordamed and enacted, That Assizes shall be held on the said Circuits, when and as soon as Circumstances may permit, at ^l';^^ ' '' "^'^^ as may from Time to Time be appointed by an Order o tiie Governoi o t Province in Council ; and by the same Authority the Places so fV^^f^^J" Ilmg ti,e said A.sizes may be altered, and otlu.r I'laces substituted lor he n^ as to U.etJovernor of this Province for the lune lieing, by and Mtii tl.c Advice of the Executive Council of this Province shall seem expeiiicnt. And be ,t further ordained and enacted. That the sai.l Assizes shall be ht Anil ne it lurtner oruaineu ami <...av..vi., x..^ ....... under Commissions of Oyer and Terminer, CJeiieral Gaol Delive.v, and N , similar to and for \L Purposes as those under which the Af,'*'^-^.;.;'.';^ ' '' u, the said Parlof CJreat Britain called England, except in so tar as he D tku. icc Prius, ui the sail I'aiT 01 ureal uinuiu tain u ....^.< ; ^ '- ,r: ■. . . ■> /-.,„ „ the Laws of the Two Countries may require a D.tlerence in the id Con n.issions ; and the Eorm of the said Commissions previous to t''^ ',^^''' f " ,;>« same shall be settled and determined by the Chief Justice of •- /y^^^^. and the Puisne Justices of tiie said Court ot Queen's Bench, or aii> Two o Ihem, and when so settle.l shall be valid and binding, to all intents and ^''Z:r 1 J';f S^ ordameU and enacted. That the Com-~- ^ be named and appointed in .and by such ( ommissions of N.si ' \ "^ ''I f ^''^f Power and Authority to try all issues of iaet ,o.ned in any ^ct ' ^^^^ ^^ real, or mixed, in the said Court of Common iMeas ^-^:^ ^i^^^^.'^j;: any of made ti Court lie appui (4.) « '-i or mixed, in the said Court of Common Pleas ''^''^'y {^'''f '^" ^^ /,' ," ,fthe Divisions thereof in which any or either '^^J'^-^ ^YThv i slid theOiitionofTrialby Jury, and in which such 1 rial sha 1 »>> ^ •- J-* J t be a.pomted to be hud. in lik<- Manner as Is-sues of lact jo ni • Actions 5% ORDINANCES PASSED BY THE OOVERNOR ' No. llj. New 'i'errilorial DlvisiDiiK (if Lower Cannda, and iiiort! ertici»rit Adiniiiis- traiiuii uf Jii^uec'. Actions in the Superior Courts of Westminster in the said Part of Great Britain called England are triable or may or might he tried, by CommissionerH i)f Assize and Nisi Prius, or any or either of sncli Commissioners, under Com- missions of Assize and Nisi Prius. or any or eitiier of siieii Commissions, in the said Part of Great Britain called England, and siiall, in respect of such Trials to be had as aforesaid, and all Matters thereunto relating, have and exercise the same and like Jurisdiction, I'ower, and Aiithoiily as arc or may be lawfiilly exercised by Commissioneis or Justices of Assize and Nisi Prius, or any or" either of such Justices, in the said I'arl of (ireat Britain calkvj England. Antl be it further ordained and enacteii. That it siiall he lawfid (i)r the said Court of Common Pleas hereby constituted, in the several Divisions thereof aforesaid, to award and issue the Judicial Writ of Nisi I'riiis for the Trial of any Issue of Fact that may be joined in any Action, pergonal, real, or mix;d, depending in the said Court, or any of the Divisions thereof wherein the Ol)tion of Trial by Jury may have been made l)y any of the Parties, and such Trial appointed by the Court before the Connnissioners or Justices of Nisi Prius to be appointed by the Conuuissions to he issueil as heiein-before nien- lioned, at the Assizes tobe held in this Province as afi)resaid, in like Marnier as the Courts of King's Bench and C^onunou I'leas in the said Part of (Jreat Britain called England are authorized to award and issue, and may lawfully award and issue, such Writs of Nisi I'rius for the Trial of Issues joined in the said Courts respectively before Justices of Assize and Nisi Prius, or any or either of such Justices, at the Assizes lielil in tiie said Part of (ireat Britain called England. And be it further ordained and enacted. That the Coir.niissioners to be named in the said Commissions of Oyer and Tennincr, (Jeneral CJaol Delivery, and Nisi Prius shall respectively have the same and like Jurisdiction, Powers, and Authority, by virtue of the said Commissions, Imth in Civil and Criminal Matters, in execution of the Laws of this Province, as are vested in and are or might be lawfully exercised by Commissioners or Justices ot' Assize, Oyer and Terminer, General (iaol Delivery, and Nisi Prius, in the said I'art of (Jreat Britain called England, uniler Conunissions of Assize, Oyer and Tit- miner, (Jeneral (Jaol Delivery, ami Nisi Prius issued there, in executiou of the Laws of tiie said Part of (Jreat Britain called England, And be it further ordained anil enacted. That (.'onunissious for holding the Assizes as afiiresaid shall be issued after Courl Houses and (iaols shall have been built in sufticient Number in different I'arts of ilie Comitry to render the holding of such Assizes convenient and proper, and when Circumstances, in the (Jpinion of the Governor of tills Proviiici- il)r tlie Time being, siiall render it expedient. Provided always, and be it further ordained and enacted. That notliiii"- in tills Ordinance coiUained shall extend or be construed to extend to jirevent tiie (jovernor ot' tiiis Province tiir the Time being tlom issuing, at any Time or Times wiien lie may deem it expedient or necessary for tlie Euels of public Justice, (Jeneral or Special Commissions of Oyer and Teiiiiiner ami (ieneral CJaol Deliverv for any District, or One or more County or Counties in any District, or for any City or Town within tiiis Pioviuce, nor to derogate from or in any Manner abridge or aflect tiie Prerogative ami lligiit of tiie Crown to erect, constitute, and aiipoint Courts of Criminal and Civil Jurisdiction witiiin tills Province, as Her Majesty, Her Heirs or Successors, shall tliink projier, nor to derogate fl-om, abridge, or affect any I'rerogative or KiL;lit of tlie Crown wliatsoever. And be it further ordained and enacted, Tliat It siiall be lawful for tlic (io- vernor of this Province, on any Claim which may be made bv anv of tl.c Persons iiolding Offices wiilcii" will become and' be abolished iiiider tiie Provisions of this Ordinance, for Compensation for Loss bv reason of such Abolition of tlie said Offices, to determine, by and witli the Advice of the Executive Council of this Province, whetlier s'uch Claim have or iiave not a reasonable and just Foundation, and, if siicii Claim be admitted to be well founded and just, to assess and award thereupon siicii Compensation as l)y tiie said (jovernor, witii sucli Advice as atiiresaid, may be ileemed reasonable and proper, regard being had to the Tenure under wiiicli tiie said Offices liave Ix-en lieKi, uiul to the Appointment wliich miglit be- made of' liie said Persons, it •* (|ualifled, AND SPECIAL COUNCIL OP LOWER CANADA. 53 and awariieil as aforesaid sluill be j)aid out of any of the Monies for public Uses in the Hands " ' vince. Anil be it fiirtiier ordained and enacted, That the Naiiui «uialified, to Offices of a similar Nature, to be filled under the Provisions of this No. 146. Ordinance, and to all such Circumstances as may and ouf^ht to be considered — - , in relation to any such Claim ; and the Compensation that may be assessed 'DtTiion"orLmver il out of an^ of the unappropriated Caimdn, mid more of the Receiver (leneial ot this Pro- tiTicient Adminin- (mtion "I .Uiiiirp. C'ourt of Queen's Bench," applied and used in the foregoing Enactments, shall be understood to be the Name of the Court to which it is herein-betbre ap|)lied as at()resaid while the Sovereign on the Throne of the United Kingdom of (ireat IJritain and Ireland is a Queen, and that when the Sovereign on the Throne may be a King the Name of the said Court shall be the Court of King's Bench; and that the Words " Governor oi' this Province," whenever they occur in the said Enactnients, are to be understood as meaning and comprehending the (io- vernor, or the Person authorized to execute the Connuission of (lovernor, within this Province for the Time being. And be it further ordained and enacted, That this Ordinance, anil the several Provisions herein contained, shall connnence and have Kxecntion and Effect from and after the First Day of December now next ensuing. .\m\ be it further ordained and enacted. That this Ordinance, and tlie Provisions therein contained, shall not cease or expire on the I'irst Day of November which will be in the Year of our Lord One thousand eight hundred and forty-two, but shall be and remain a permanent Law and in full Force in this Province until the same shall be repealed or altered by competent Legis- lative Authority. (Signed) ('. Poi'i.K.rr Thomson. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, ;it the (io- vernment House in the City of Montreal, the 'I'wenty-sixth Day of ,lune, in the Fointh Year of the Reign of our Sovereign Lady N'ictoria, by the (irace of Ciod of (Jreat IJritain and Ireland Queen, Defender of the Faith, and so forth, and in the Year of our Loril One thousand eight hundred and forty. By his Kxcellency's Command. (Signed) W. B. Lisus.w, Clerk Special Council. 1 heroby certify the almve to Ik; a true Copy of an Ordiiiniice pnsseil by tiie CioviTiior of the Province (- real, inuler the Name of " The .Montreal Pid)lic Bakery for the Purpose of snp])lying the Poor and others with good and wholesome Bread at the clieapest possible Rate :" .\nd whereas the several Persons iierein-after mentioned, being the I'crsons who formed tin- said Association, have, by their Petition to his Kxcellency the Governor of this Province, declared tiieir Intention of establish- ing in like Manner a Fuel Yard for supplying the Poor with Fuel at the Cost Price thereof, and have prayed that they may be incorporated for the Purposes aforesaid : And whereas the useful Purposes of the said Association will be ( I.) (i ';} much 54. ORDINANCES PASSED BY THE CiOVEllNOR No. 1 17. liimrporiitintj Muntrenl I'nblir }<.iVcry Mitl Vucl .uch promoted and the pul.lic (lood ^f va.;«;l fy K-ti;;« ^^^ ^^Mc^ PeUtion ; be it therefore ordamec '";;' ^, ^^ / {, ' \ ,tee m7conHent of the of thi8 Province ot I^;'«'^';„9?""''^ {/; ' ""i , /co, s(itutc(l and assembled by Special Connci »br the Aftans ot J'^/:";''^V;i Sukm,^ ..f the Unitefl vUe and under the Artlu.nty ot an Act ol ' "V,;" v,,,r of the Heiffn Kinadon, of (^-J H^» S. ^ "'IlVrAc,' otale tm^ i'-isSn of Her present Majesty. '"''^''^ '..;..", ', .,|,^, i,y virtue and under the for the (Jovemment «» L^X,^^J'\7,^'V,, I' . ^^ in the Session S: S Association, shall be and .luvare ''-f X orted const.t^^^^^^ declared to be a Body Corporate anil I'olitie, by the Nanuot tht ^"""i'^^^'' iScliery and Fu^el Co-Sipany." and shall bv that Name I'^v' ."nmerrup d S ccession and a Co.nmon Seal, Nvili> I'o^er to break or change tie sud S al at their Pleasure, and. as such Body Corporate -'"^^'f^^;' ^^^'j • ^^ J j^^, and possess all and everv the Monies. Cai.ital Stock, 1 eb s ^ct ve and ( oods and Chattels, to the said Association. Proprietors, and Mockholders »^^l"»K"fi aJthe Time of the passing of this Ordinance, and shall -;' -y ''>, ^^j.J "^ Name sue and be sued, answer and be answered unto, n. all C o n t s '"!^1 ' cc*« whatsoever, and shall and n.ay recpnre. take iuul receive, by G.t Do. . o . Lecacy, or otherwise, all and everv Sum and Sums o Money, and all (.oods .^rTc , tt Is, and La,;ds and immoveable Property, sul^ect a ways to the W- Ins herein-after made with regard to the Anu.unt ot the Capital and Innuls of the said Corporation, and to the said Lands and u:..noveable 1 roperty. And be it further ordained and enacted by the Authority aforesaid. 1 la the Capital Stock of the said Corporation shall at no 1 ime exceed the Sum of I'oi.r thousand Pounds Current Money of Lower t anada, divided mto Ihrec thousand two hundred Siiares of One Pounil I'.ye Shillings each. And be it further oniained and enacte.l by the Authority alorm.d. 1 hat no individual Association. Company, or Body Cori.orate or Politic shall hold more than Forty Shares of the Stock of tile said Corporation. ■,.,.,. And bt' it iiirtiier oniained and enacted by the Autlionty aforesaid, Ihat as soon as One thousand Shares of the Siock shall have been .suhseribed tor, a (ieneral Meeting of the Stockholders shall he called by public Advertisement, for the Puniose of electing a Coiunuttee of Management for conducting the Affairs of the said Corporation ; and the Committee derted at such Meeting .shall c.mtinue in ODice until the First M..nda> m the Month of Mav One thou- sand eight hundred and forty-one, or until another Committee be duly elected in their Stead : Provided always, that, save and exceiit lor the 1 urpose ot con- vening the First (ieiieral Meeting, and electing Ollicers as herein provii lei , this Ordinance, or the Capacities, Pow. rs, or Authority hereby conferred, shall not be in fi)rce or in am .Manner operative or available to the >aiii Associatiou, or to any Person or Persons whatsoever, until the whole Cajntal Stock ot the said Association shall be paid in. - ■ i ti And be it fiirther ordained and enacted by the Authority aforesiiiil, Ihat. such Committee of Management shall consist of 'IV. Ive Members of the said Corporation, each of whom shall be Proprietor ofat least Five Shares of the Stock of the .said Corporation ; and such Committee .shall be elected annually on the First Monday in the Month of May in each and every Year, or if sucli Monday be a Holiday, or if ti-om any Cause such lllection be not had on that Pay, then the Flection may be Ind on any Day therealter, and the Committee elected at the then next preceding Election shall cimtinue in Oliiee until another be duly elected in its Stead, and in the event of the Death, Sickness, or Absence from Uie Province for more than Three consecutive Months of any Member or , Members AND SPECIAL COUNCIL OF LOWER CANADA. « Member, of the said Committee ^(^j;-:;^fX"';,!^in"ei''b; '^iT}S^, ».,„3 held and filleil by a IVrsou or J,' "°"'° '"■„■, r;^,t calliiitt a Meetmg ot Mon.'^M I'uUl.c MemberH of the Con.mittee oi ^^^^^;^ ^ ' "e ons so^ppointcd Hhall H.Kc, .nU F..i Stockholders for '''"^ »'"[iry? | L a i f y ''^^^^ elected MemW, ot ^"" -H-'-r- ^ have tlie same I'owcr and Authoiity as it .^''^^ '"^' ,,., Members of the r^said Committee in the 1^'-- ^ ^ t^ th7'l ra.'ltio,. of Business, said Committee shall »""'\ I' ^' '"''"■ wl^^Ji.L. may do: Provided always, !lS:!Sg ^all be chosen ^^J^^^^/;;:'^;,^.^ aforesaid. That the And be it further ordamed "''^\^'p,,'f (.,.;,,„„,, from among then.selves, said Conunittee of Management shall ^ ^ ', V"'^^ ' ' ..ut of the Funds ot" ;J,d shall have Power and Authority to • '1^' ; • '^J f^,, ^^,„r Officers and Le Corporation, a Secretary. ^ '•^•'';: ' • " „ ( '^x ic.ie. and perform all Acts, Servants by th^n ^1-med nece^sar) X^^/'^.^., by th.'m beW-emed requisite Matters, and lhmgsgene.alyw 1 >a^^^ „ul necessary for carryu.g o f"'l F ; ;^,,,^ ^J- „ •, c)rdinance. poration. under and subject to ^''t 1 rov«M« .^^,^,,^,,ity aforesaid. 'Ihat the ^ And be it further "'•^>'''"'--V'u \ ^f lOr call upon tlie Stockholders tor Committee "» ^'"""K^,*;"^ 1 Leribed Tv giving Thilty Days Notice thereof the wiiole Amount o ^t"^,"^. ''J''™;^,^^^ in the City of Montreal ; in Two or more of tiie P"!^'^ J^J'^^^ /, ^\^u^\ Stock by any Subscriber <.r ,,„A in case of Nonpaynunit » J;^" , J^,,,,, „„,, stj'te of ...e said Cov- Subscribers, the sind ( f'"''"'"^. ; ' ^^eion at Law in any Court of comreten" poration, may recover the Amou by ;^J ;»';. ; . ^,^ ,,„,,^,,ij, cause the Mrore 'jurisdiction, or may. at thcr ( M '« ); J» ^ ,; , 'aef.u.lt to be forfeited to the or Shares of the Subscriber.. ^^ ; '^ , .\, ^. Stockholders thereof. . said Corporation at a (.e. eu.l f ' "^; ^^.^j y „„. Authority atoresa.d, I hat And be it funher ordamed •'"' ;' ;\^';' ,J.,, ,„,! Authority to purchase, the Committee of i% anage.ncnt ^'^>' f ; /."^^Use uiul Henetit of the Corpo- acquire, and hold, in tl'o N""'- ot a I i - tl "^^^ rat on, Landed Instate within the 1 arish «* ^^'^'" j^j i.-^^ate shall be used and Her Majesty's Letters of Mortmain. "" ! ."^.i^a on t e Business of the said a M.ropriated solely for the Purpose ot V\'S, " by the Ere^^ aipcSration unde/ the 1^-v-u- ;^ tins ) d , by ^ ^^, _^^^ Dwelling Mouses. Storehouse^ and oti r "" ^,,^, ^„a so that the Real „;:;be Necessary for the Pm^osej.^^^^^^ „„t exceed hi Property held by the said <-»'! ''^*^ ^hui dr / l'..u.uls ( •unency atbresaul ; and Value the Sum of One thousand ♦i\^' ''"'^^ . '', , hein^ shall have Power and the . id Committee of Ma"-]^^'--^':-.;, ^, /^"i.y "ed or Deed> under their Authority, in the Name ot the ^'" '^'f " ';J r,,'^,ate. ard dispose of any and Hands and the Seal of the ,^«'!'0" -' • f sell ^'^utiicient Deeds of Sale and Provisions aforesaid as to .tl''^,^''''!'^"^^. ™ ;., „,, Authoritv aforesaid. That the And be it fmther ordained and ;^^ tul b) - ^^^^ ^^ .,^ j ^ Committee of Manageinent shall '^^/"'^f' j^, Corporation and the Affairs lations for the internal ^•"-;";";; ^^^^, '\. .i, ' e and necessary, and they shall ^:::XZ:?J:^ tl:: t^iri l^'^old by the said corporation once ui -1i J^. farther ordamed.uK-na^^by the A.^^^^ Shares of the Stock o the said ^-jl^'l'j;, tiling the same, and a Certificate ,nent thereof, under the H^'"'^^'^ ' " j::, ^a w' the Chairinan of the Committee „j,.,n „r relating to -^"^'l.^^^ ■-;" f ;; f hoJ Jg that such Assignment has been ,, Management lor the 1 nne being. '»" ,^ " ; '/k . , ^ho Corporation, r 1; ded -in a Book to be kept or ' >^\ .; ^^"\,,^\, rAuthority aforesaid. That 'And be it «-ther ordaine. land e naa^^^ ^,,J, have One Vote rach Holder ..f One Share ot the Stotk ot "^ ^ 1 , , Authority of this ^'ilUieneral Meetings and l^'-^J^:, ;;, ^'J 1." bul of less than 'Pen, shall Ordinance; and each Holder oIlMveSlKne^^^on,^^^ ^^^^^ ^^^^ ^,^_^^ have Two Votes; and «ach Hdder^ot^ len ^,,^ii 56 ORDINANClvS PASSKI) UY THK (iC)VKIlNOR Nil. 117. Mnnirvul Public ror)Mii itiiig lukory ni«l Fiitl by I'roxy t oni|miiv hIiuII Imvi- Tlirci' Votes; aiul each llolilcr of l'"itti'cn Shares or mor*- Nhall have Oiii' ailchtioiial Vote for cvciy Vwv Shares over ami alK)ve 'IVii, except in ertaiii Ciwes hercin-utler provided for ; liiit no Person shall he allowed to vote And be it furtlier ordained and enacted hv the Anfhority aforesaid, That it NJiail be the Duty of the Connnittee of Manaijenieiif to call a (ienerul Meeting of the Stockholders to be held on the First Monday of the Month of May in eacii and every Year, ])riivided such MoniLty be not a lloliilay, ami if it be such Holiilav. or if the Kleclion be not held on that Day, then on sneh Day next therearter as shall not be a Holiday, tor the I'nrnose of eleetinj; a ("om- inittee of Management l()r the ensiiiii}; Year; and the v'otes at all snch Meet- in$;s shall be taken by Hallot ; ami the Conmnttee of Management shall at all sucliCieneral Meetings lay before tiie Stockholders a clear, detailed, and distinct Report, Statement, and Account of the Affairs of the Corporation, u Copy whereof shall be transnutted to the (iovenior, Lieule!iant (iovernor, or Person administering the (lovernment : I'rovided always, that the (iovernor, Lieutenant Governor, or I'erson administeiing the (iovernment, may from Time to 'I'imc, and as often as he shall deem fit, rc(]uire and obtain fioni the Committee for tlie Time being a clear and detailed Report, Statemi'nt, and Account, under Oath, of the Afliiirs and I ransactions of the Niiil Corporation, which siiid Report, Statement, and Account, whether rendered at a Cieneral Meeting or upon such Recpiirement as aforesaid, sivill be jjubiished in at least Two ot the Newspapers of the City of Montreal. And be it further ordained and enacted by the Authority aforesaid, That ifi tiom the said Accoimts, Report>. or Staicnents so to be rendered as af()re8aid, or any of tiiem, or in any other .Manner, it >liall appear that the Committee for tiie Time being have created or incmred Debts or I.iabdities to or in fiivonr of any Person or Persons, Body or Hodies Politic or Corporate, to an Amount exceeding the Capital Stock actually in the Hands of and available to tlie said (.'orporatiou, siuh Committee, and tiie Persons who may compo.se or may have com|)osed the same, and their Heirs, Assign.s, and Icga Representatives, shall be held jointly and severally liable in their private Capacities f()r such Amount of Debts or Liabilities so exceeding tlie said Capital Stock; and an Action or Actions l()r the Recovery ot'the same may be had and prosecuted to Jmlgment and Execution by the Person or Persons, liody or Hodies I'olitic, to and in whose favour such Debts and Liabilities shall have been created and iiicnrred, or bv their Assigns or legal Representatives, according to the Laws ot'this Province.' And be it further ordained and enacted by the Authority atltiesaid, I'hat tiie said Corporation shall noi at any lime or in any Way divide among the Stockholders any Dividend, Romi.s, Profit, or Lmolument of any Kind, ex- ceeding the Rate of Six per Centum per Annum on the Amount o(' the .sitid Capital Stock as aftire.siid, nor sliall any such Dividend be taken out ot'the Profits of the Coiporation until .after all Debts owing by the Corporaticm, anil all Kxjienses necessary for carrying on the Husiiiess and .\tlairs thereof"! shall have l)eeii deducted and paid ; nor shall any Profits he reserved in the Haiuls of the Corporation, or nf any Party tiir them, .so as at any Time to increase the Funds of the said Corporation to more than the .said Sinn of Four thousand Pounds Currency, and 'i'wenty-fiM! per Ceii'. thereon. And be it further ordained and enacted by the Authority aflfie.said. That any further surplus Profits which may remain m the Possession of the Com- mittee of .Management, after paying r,;ich Dividend or Dividends to the Stockholders as they may think proper t.' declare tiom 'J'imc to Time (pro- vided that the same shall not exceed the Rate of Six per Centum per Annum as aforesaid), shall be ajijilied to charitable Purposes, in such Way a.s the Committee of Management fiir the Time being may think proper and advi-sable ; and in order to enable the Committee of Management more fully to extend the Lsefiilne.ss of the said Coiporation to the jioorer Cla.s.se,s of Society, lliey are lieieby authorized to borrow a Sum of Money, not exceeding One tiiousand five hundred Pounds Currency in Amount, upon the Security of tiie said Corporation, for the Purposes ot investing the .same in Fire-wood and other Fuel, tbr the Purpose of selling and disposing of the said Firewood andlMiel to the poorer Classes of I'ersons residing within the Limits of the IJanheuc of the City of Montreal, in preference to all other Persons, at the Ince winch the same may have cost, adding thereto the Interest of the Mohpv Interest of the Money paid AND SPECIAL COUNCIL OF LOWER CANADA. 57 oaul tor it, and other necemry KxiK^nitcs i.icurred about it ; and whenever N.U4;. 8?^Vofits of the Corporation Hlmll become m.fficient to enable he Committee ^ , f MaZeme, t to lay in a Stock of Fuel by nu-ann thereof, hey Hhall be at ^,„,„',„, ^,,^,^,, beTTap y HmlfProfu:., or «o mud. thereof a, they think may be so ,„Wr, .n,l F„e pSl n ost mL.ta«eouHly to the I'oor. f.,r th.,t I'urpono ; and the na.d Con,- . » n r- SS of M unagemWrt .hall at all Times have discretionary I'ower o give awav to tla> p'K.r a ft.rti.m of the surplu. ProlitH of the Corporation, either m tuel or otherwiste, as to them may seem fit. .,.,.,. • . ti » A, d iH^ i forther ordained and enacted by the Authority aloreaa.d, lliat a CJtneral Meeting of the Stockholders may be called at any Time, by the Commitee of Klanagemenl. ..r by a Ue.,uisit.on s.gnc. by at leant forty of 1 "stockholders, and inserted in Two or more of tlie Newspapers published in the City 7 Montreal, giving at least Fifteen Day. Notice thereof, and ^^"Sit '?Sthe;';:r.yne:r'!!nd enacted by the Authority aforesaid.. That the ll Con o ilion shall, in any Case, be dissolved, cease, and determine at the E d of 'f wentyone Years from the passing of tins Ordinance, bu may be dissolved at am- Time bv the Votes of the Proprietors ot I wo 1 birds ... Ammm of tli whole Stock of the Corporation (n, winch Case only One Vote 1 ^r dl wed fbr each Share of Stock) at a Special Meeting to be for that ;ll,os ; 1 Hi by It -St Forty St.K.kholders. .L they shall have given at ^Thirty ays^.revious Notice of such Meeting n/fwo or more of the least 1 nirtj » ''V "^ , ^y ,. Montreal, stating the Object of such S''ZJ lH.r ilVv.. mary I)issoluli(.n shall take effect until af er the 5 Sd;k.r sl^^l Im e ii'demn^ified the Committee of Management for the Sebenc fo al Kngagements which they mav have entered .nto on behalf .[flecZ,alio^^ all the Debts and Liabilities of the (orporat.on :^:(ri:ir;;^n^;id and s^^^^^ s'^ ^ s I iSs^;n;^m' ny ^.-^-e; can.,ot then be legally discl.arged. S 4 itrrtler\Mline.l and enacted by the A uthoritv aforesaid. Ihat An t be it •""'"' ,y Qniinance, and as such shall be taken notice ofly ST;:i;;e:|'jus;:c;s:i£.;^and HolUes corporate whomsoever, without '"'Sd' be' u'furStdain^ and enacted by the Authoritv aforesaid. That thi^OrcLicelall be and it is hereby made permanent. anc( shall remain m t-e until repealed or altered by <^on.,^J^^^or.ij-^^^^^^^ ^^^^^^^^^ Specia Council 'V."'^/ Montreal, the Sixteenth Day of June, m r T rd Ye of tl e llign of' our Sovereign Lady VicUa. by the l'L?ot God of CJreat Britain and Irela.id Queen, Defender of the iS ;.*d so forth, and in the Year of our Lord One thousand eight hundred and forty. By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. f .1 u««» »n Im. It true Cony of an Ordinance passed I herebycevufyt he above to ^ "/ LoweTcanadn, by and wUh the l.y the Governor "V'V^f; 3al CouTcil for the Affui« of the said f.'"" ""if St" end. So J""" One d.ousand eight hundr«l Vrovnice. on tli8»""Pe »",,.?._ c „.., m„;p.,v'h Kc en. and forlj, and in tne xniro ^^.^^^^^ yy f,_ Linusav, Clerk Special Council. (4.) H [S .= 58 No. 1 4tt. (Copy.) Incorporating lli« City and Town of Uiiebec. ORDINANCES PASSED BY THE GOVERNOR No. 148. An Ordinance to incorporate tke Cit, and T^-^^r g^^^^^^;^^ ,«,o.] WiiEUEAS, for tl,e better Protection. Care and Management of '':J°cal Interests of the Inhabitants of the City and {»«'" "l/-^"*: f^io^t tlm e Municipal Governn.ent and the hnprovemct thereof. . .s ^-^^die '.-^^^^ said City and Town be incorporated ; be it therefore ordained and enacted by his Excellency the Governor of this Province of Lower Canatla, by and with the Advice and Consent of the Special Council for the Aflans of tins Province, constituted and assembled by virtue and under the .\uthor.ty of an Act of he Parliament of the United Kingdom of Great ""'I'-'V'?'^. a''T Jt 1^ Pm First Year of the Reign of Her present Majesty, intituled "An Act to inake tern- porary Provision for the Government of Lower Canada." and also by virtue and muler the Authority of a certain other Act of the same Parliament passed ii. the Session held in the Second aiulThird Years of the Reign of Her present Majesty, intituled " An Act to amend an Act of the last Session of larlia- ment fi.r making temporary Provision for the Government of Lower Canada, and it is hereby ordained and enacted by the Authority^ of the said Acts o Parliament, Tliat the Inhabitants of the said City and lown of Quebec, ami their Successors, Inhabitants of the same, shall be and tliev are hereby constituted a Body Corporate and Politic, in Pact and in Name, by and under the Name, Style, and Title of " The Mayor, Aldermen, and Citizens of the City of Quebec," and as such shall have perpetual Succession, and a tommon Sca'l, with Power to break, renew, change, and alter tiie same at pleasure, and shall be capable of suing and being sued, and of iinpleadmg and being impleaded, in all Courts of Law and Ltiuity, and other Places, in all manner of Actions, Causes, and Matters whatsoever, and of accepting, taking, pur- chasin<', and holding (Joods and Chattels, Lands, and Tenements, real and iiersonal, moveable and inmioveabic Estates, and of granting, selling, alienating, assigning, demising, and conveying the same, and of entering into and becoming a Party to Contracts, ami of granting and accepting any Pills, Bonds, Judgments, or other Instruments or Securities, for the Payment or socurmg of the Payment of any Money borrowetl or lent, or lor the Performance or securing the Performance of any other Duty, Matter, or Thing whatsoever. And be it further ordained and enacted, That the Tract of Land which in and by a certain Proclamation of his llxcellency Sir A lured Clarke, Lieutenant (Governor of the Province of Lower Canada, issued under the (Jieat Seal of the said Province, and bearing Date the Seventh Day of May in the Year of our Loril One thousand seven hundred and ninety-one, was and is describeil as being coniprelieiuled within the City and Town of Quebec, and winch it was therein declared should be thenceforward called by that Name, shall, from and after the passing of this Ordinance, constitute and be and be called the City of Quebec. And be it further ordained and enacted. That for the Purposes (if this Ordinance the said Citv of Quebec shall be and is hereby divided into Six Wards, to be called resp'eclixely Saint Ltdis's Wanl, Palace Ward, Saint Peter's Ward, Champlain Ward, Saint' Koch's Ward, and Saint .lohn's Ward. And be it further onlained and enattcil, '1 hat the Boundaries and Limits of the i-aid Six Wards of the City of (^i:eljec shall be as follows; that is to say, First, Saint Louis's Ward sha"ll comprise all that Part of the Cpper Town within the Fortifications, and .South of a Line drawn from Prescott (iatc to Saint John's (iate, along the Middle of Mountaui Street, Buade Street, Fiibriqiie Street, and Saint John Street; .Second, Palace Waid shall comprise all that Part of the Upi)er Town within the FortilK-ations, and not included in Saint Louis's Ward ; Thud, Saint Peter's Ward shall ctMiiiuisc all that Part of the lower Town bounded on the South by a Line drawn down the Middle of Sous-le-Fort Street, and prolonged in the same Direction to the River Saint Lawrence at the one End and to the Cliff under the Castle of Saint Louis at the other, iuid on the West by the F.astein Liiiiit of the I'arish of Saint Roch ; Fourth, Champlain Ward shall comprise all that Part of the Lower Town lying I belwtea ) AND SPECIAL COUNCIL OF LOWER CANADA. 39 hPtween Saint Peter's Ward and the Limits of the said City ; Fifth, Saint Roch's Wa«l shall comprise all that Part of the Parish of Saint itoch which hes w.thm the Limul ot^tTr aid City of Quebec ; Sixth. Saint John's Ward shal comprise dl that Space bounded \y Saint Roch's Ward, the Fortifications, the Limits of the sail CUy. and the cfme-duCap on the Bank of the Saint Lawrence AndbeilSther ordained and eLted. That there shall be appointed and elected in the Manner herein-after mentioned one "t Person who shal be and be c-d ed tl e Mayor of the said City of Quebec, and a certain Number of fit Por^ns wh^ s3 be and be called Aldermen of the said City, and a certan. Sber of othe fit Persons who shall be and be called Counc. lors ot the said Srancirh Mayor, Aldermen, and Councillors for the l.me bemg shall ho and be called the Council of the said City. , „ t. i <• i <•„. *i.„ And be it further ordained and enacted. That it shall be lawful for the l>er.om ,l»ll ta elected am »ora inlo Ihe sa.. OJce n ■ "' j^'^''' »fj°™ f ,„ ,he IWbion. h™iV"'\ST»'.ive'fi XoVVions » be the according to the Provisions 'j'^'-'^'f-^*^^''; '■fl?[.*;,!^'t e,se a Vacancy or Vacancies i)S,^^iis^i:?=ifri^vS«;ei.,™^ ^^ No. 148. Incorpor»ting tlie City and Town of Quebec. or Persons .., .....jsriirrrr::.; hi";:.;;^^^^ o..o.ces accor... to s.»d Council of the said C.tv. from me to Im^. ^^^'.^ ^,,^, y,.,, ,(f ,„ay deem fit previous to ''^7'"' ,. V\ ,]^£tv-two to^m^^^^^ ,,.f Lord One th.u.sand e.ght |;' '^ -'^ "^ « ,S, a " y ;h!, shall continue in for .ach of tlu- saul \\ an Is ot ♦'•'^ '"^ ^'^ "-^J ^^^^ J,,,, i,, ^^ed and limited. (),Hc.efbrsuchlV.>odo Imu^as ) th^-aC^ and it shall also be not extenduig beyond tlu- IM> ami ica Assessors. lawful ii.r the said Com.c.l to P'-7'''''V' ' ti mo I'e^son shall be capable of And be it lurther onlan.ed a'''V-'"'^-»^'' ' \ f L nty o f Quebe-- unless he l,oin. appointed or ek.cted an ^^'^'J^^^^'^^tMl^ ^n One Year next ^;::-X:'u^^ :nSPt;0 tli^N'ie of one thousand .ounds Currency. „ i ,„wl ,>mrtod That no Person shall be capable ol And be it further ordained uul ''".' '^'^ ' ' . ^ ' " -^j (jj^ of Quebec unless he U.ing appointed or elected a ( 77; ';';^,. ;, '' ,,,r'!^^ia City fm- One Year next sluillhaVe been a resident MoiishollN^^thm V ^^^^ ^^^^^ „^ bel()re such Appointment or Klect.on. ana ^ uimss ^^ ^^^^^^^ ^^.^^ .^^ ^^^^^ ^^^.^^ l,el(,re such .AVP'-^J^^'''^ "r,„;''^'^^,^ ' E. a^i; or both, within the saicl ru;:;:;^; li;:^" l^i::'^^:^ vam; of Five hundred pounds '"Zir'L it further ordained and enacted. Thjt^ die Co City of (Quebec, at the i'enuds hercm-aftcr ^y^mM, Mu No. 148. IncorporHtiiig the ( ity and Town of Quebec. i 60 ORDINANCES PASSED BY THE GOVERNOR n* • •. f Ar„f„o «f «np1i Persons beine Inhabitant Householders within the WratrSl ch E^ioSbe hfd. as shall severally, be possessed at wara lor ^""^" ""^ . r n.velline h.use within the said Ward, held by 'em " pe^** "^^^^ „, S f T»m of Yc.«, or for a Term not los. One Year within the SS^t£S^;SrS^r H^ul^f^id^r: and not as aBoarder.or Lodir "and having an outer Door by which a separate Communication w.ti. the Street may be ffforded, shall be considered a Dwelling House within the Meaning oTThis Enactment: Provided always that when and so soon as any Rate or Rates. Assessment or Assessments, shall be laid by and i.nde he Authority of this Ordinance, no such Inhabiuint lousehol.ler shall be entitled tovote 2 the Election oF Councillors as atbresaul unless he shall have been rated to and in respect of the Rates or Assessments laid as aforesaid : And provided also, that aVter any such Rate or Assessment shall have been laid as EJ^aid, every Male Persbn. thougii not u Householder wiio shall have been Jes dent n the said City during Three Years next preceding any such Election of Councillors, and who shall have occupied any \ arehouse. Count, ng-house, or Shop within any of the said Wards of the said City during Ihree Months , ext preceding sucli Election, and shall have been rated tor not less than One Year in respect of such Premises for such Rate or Assessment as aforesaid, shall be entitled to vote at the Election of Councillors to be had m the ^Vard m which such Premises shall be situated: And provided also, that no sucli Inha- bitant Householder, or Occupier of a Waroi.ouse, t_ounting-liousc. or .Shop within the said City, shall be entitled to vote at any such Election of Councillors unless he shall have paid the Amount of all Kates and .Assessments withm the said City of Quebec that may have been due and payable by him before the holding of any such Election. , , .- And be it further ordained and enacted, Ihat no Perscm shall be capable o being appointed or elected Mayor, Alderman, or Councillor ot the said City ot Quebec, or of voting at any Election of City OIHceis, who shall not be a natu-al- born or naturalized Subject of Her Majesty, and of tiie full Age ot I we:.ty- one Years ; nor shall anv Person be capable of voting, or ot being elected at any such Election, who shall have been attainted for Treason or leloiiy in any Court of Law within any of Her Majesty's Dominions. . ,, , And be it further ordained and enacted, That no Person being in Holy Orders, or being a Minister or Teacher of any Dissentmg or lleligioiis Sect or Congregation, nor any Judg .• Judges, Clerk or Clerks of any Court, nor any of the ministerial Law Offic. ; of the Crown, nor any Person accountable or the City Revenues, or receiving any pecuniary Allowance from the City for Ins Services, nor any Officer or Person presiding at an lllection ot a Councillor or Councillors while so presiding, nor any Clerk or Assistant employed by him at any such Election, while so employed, shall be cai)al)le of being appointed or elected a Councillor for the said City. And be it further ordained and enacted, That on the lirst Day of December which will be in the Year of our Lord One thousand eight hundred and forty- two, and on the same Day in every succeeding Year, the Inhabitant House- holders, and Persons qualified to vote as aforesaid, siiail oiieiily assemble in the several Wards aforesaid, and elect from the Persons (iiialitied to be Councillors Three fit and proper Persons to be Clouncillois for each of such Wards resjiec- tively, or .so many as shall be required to supply the Places of those who shall then go out of Oflice, and also One fit and proper Person to be Assessor for each ot the siiid Wards respectively : Provided always, that if tlie Day so appointed for such Election shall in any Year happen to be Sunday, or a Holiday, such Elec- tion shall take place the next following Day. And be it further ordained and enacted. That on the First Day ot December in the Year of our Lord One thousand eight hundred and fiirty-two, and in every succeeding Year, One Third of the Number ajipointed as af()resaid to be the Number of Councillors for the said Citv of (Quebec shall go out of Office ; and in the Year One thousand eight hundred and forty-three those who .shall go out of Otricc shall be tlic Councillors who shall liave been olccted, under the Provisions of this Ordinance, by the smallest Number of Votes in the AND SPECIAL COUNCIL OF LOWER CANADA. 61 No. MS. the preceding Year j -^ ^n foS^ ?h" Vb^thf^^^^^^^^^^ .co^oT^i;.-, four those who shall go °f «* y™''^'^" q^^^^^ in the said Year One city ind Town of been elected, under the l'[0/>^'°"/„5.w I . nS .^^ n^^^^ of Votes; Quebec. CouneiUor. .ho , toll l'»«« Jf)^" '» V™S 2 S out of Office shall be to be ind as aforesaid on the Inrst ^''^ "/^ ,"^^f,T^[ '"' „ ^nd all subsequent of our Lord One thousand e.ght "^^^/jf^S^^^^^ Elections of Councillors to be «'^^ . >"' ^ j^'^^^J/^al W^^^^^ «aid Citv. and lilt ;L3;riK ^ii^i^^:;::^^';^ Z:£SZ, ?n S:?vl;:aJJ;^tEl ScrKl^or. b, .. council of the siiid City. ,11 „„„^f „,) Tlint ,it Elections of Councillors as And be it further orckined and enac ed, ^ "^J^^ ^^ Llect ^^^^^ ^^^^^^ aforesaid ti,e Pol shall ''^ «P'^"'^t,'^ ,,^'Xnoon of" ti e same Day ; and the continue open t,ll Four o'Clock m ^' f {^tten^^^^^^i ^^ ^^itten in Poll Lists Name of each Elector votmg at sue Wect j ^ha^^ be w ^^^^^ ^^^^ to be kept at such Elect.on, by the ^>»^^"' "J^. ^^'''^"irOfficer or Person by after finalV closing the Pol at ^"y,, «,;?;. ^^^T^^ee^^^ publicly to declare tl/e whom the same shall be held '^^f !, *"' ^^f „J' ^^7^^^^^ ?or whom Votes shall Number of Votes ff^-MlJor e.cl C nduMe^ ^,,^ ^j . ^j,y have been tiken. and shall ^**^^'' "-.*''S ,,JTctcd Councillor or Councillors as „f Votes in his or then- la-.-,., to »'«^/ ■ .^ closhii: of the Poll as aforesaid, aforesaid; and if there f °"' ^^ fh^^wo of ^e K^^^ to be Councillors an equal Number o V o es po led fo Two o. more ^^^^^ ^,,^^^.^^^^ as atbre-said it shall be '7'" *''^^ ''^.Sf.'J^^e ' '^^^ or not. to give a Vote and he is hereby required, ^'^^/''^r "^ f„7 v^.^'^^iitv of Votes, in order to give for one or other of the Persons ' J^ "^ ^f J^^^^^^^^^ ^..d the Poll Lists kept ^^iS^^Z Sin irin^'o^; w;^^» ^^eV- to Inspection yt;\tu,;;fl.e Payment of a F^ofO^^^ ^And be it finther ordained a.ul enacted l^|'Jt^u ^^.^^,,^,^ ^^.^^,.j j„ Election of Councillors as atore a d « J^ ^^^e 'U.U ^^^1^^^ ^^ ^.^^^^^^^^^ ^^^_^, which the Propcrtv ^""^^itutu g t Ik Qual hca^^^^^^^^ ^^. p^^^.^y entitling i;;;;,t^: hi -Ko'lrir wlr h'^llall l-? entitled to vote in that Ward '^^i::,tti;:sf:^ :t:T:i::'';XL:S\::tt;^->t £ Counril of the suul ( ily. by a Bje »f^ "^VV ^ j Registration of all Bchah. u, ")f^;;^-n FL'r:^S>mJ(l^ II other Cit> Officers in Persons «iualit,ed to ott at l''^^;" u iriections may be determined ; the said City. Nvlu-reby H'^ R ^Jo <; ^- ^^,^,,, „ j^,,,, „r Bye Laws aud until such l'?"^'^'" "^J HfJi'an^^ of Councillors as aforesaid shall, every Person desirous oUoting at any hc^^^^ bv the Officer or Person holding authorized and recpured to .^^";"'';;;[''- „.^.._,i 'phat after Provision shall have And be it *''\t''^'^"'-J'""^'\\;'\wsl IbrS for the making of Lists. iH-eu made, by a Bye 1 -aw or ^^.J;?^ ;^^ '""Xeby the Right in Individuals „, , Uegistration "H'^'^-" V'as oa^ i^ ek'y PerL desirous of voting at to vote may be determined as alorLsam. evtiy ^,,y 68. ORDINANCES PASSED BY THE GOVERNOR " No. US. lncor|)oratiiig tlic ( ily and Town of Uueb?c. any Election of a Councillor or Councillors as aforesaid shall, before he be' permitted to vote, produce a Certificate under the Hand of the proper Officer of his Qualification, pursuant to any such IJye Law, and shall, if required bv the Officer or Person holding such Election, or by any Person qualified to vote at the same, take the following Oath, which the said Officei or Person liolding such Election is hereby authorized and required to administer ; that is to say : ' I do swear that I am the Person described in the Certificate that I now, • produce, and that I have not before voted at this Election. So help me God.* And be it further ordained and enacted, That if :uiy Person shall knowingly hwear falsely as to any of tiie Particulars of his "allcgeil Qualification, in pursuance of the preceding Nineteenth Section of tiiis Ordinance, or if he siiall knowingly swear falsely in taking the Oath prescribed by the preceding Twentieth Section of this Ordinance, he shall be deemed guilty of wilful and corrupt Perjury, and sutler tiie Pains and Penalties provided by Law in Cases of wilful and corrupt Perjury. And be it further ordained and enacted, That if at any Election of a Councillor or Councillors as aforesaid any Person shall be elected a Councillor for more than One Ward of the said City, ho shall, within Three Days afler Notice thereof, make his Option, or, on his Default, the Mayor of the said City shall declare for whicii one of tlie saiil Wards sucii Person shall serve as Councillor, and thereupon such Person shall be held to have been elected in that Ward only, and in no other. And be it further ordained and enacted, That on the First Day of December wiiich will be in the Year of our Lord One thousand eight hunllred and forty- two the Councillors who shall be first elecvjd ui, ler the I'rovisions of tliis Ordinance, and on the Ninth Day of December in the Yiar One thousand eight hundred and forty-five, and in every succeeding Third Year, the said Council of the said City for the Time being shall elect, fiom the Councillors composing the said Council, Six Persons to be Aldermen of the said City, or so many as shall be required to supply the Places of those who shall go out of Odice, accor'ing to the Provisions herein-after contained; and that on the Nuith Day of December in the Year One thousand eight hundred and forty- five, and in every succeeding Third Year, One Half of the Number appointed as aforesaid to be the entire Number of Aldermen of the said City shall go out of Office ; and the Councillors composing the said Council, immediately after- the first Election of Aldermen to be had as aforesaid, shall designate the Aldermen who shall go out of Office in the Year One thousand eight hundred and f()rty-five, and thereafter those who shall go out of Ottice sluril always be those who have been Aldermen fl)r the longest Time witi; )ut Re-election : Pro\ ided always, that any Aldermen so going out of Office may he forthwith re-elected if then qualified as required by this Ordir..iiKe: And provided also, that the Aldermen so going out of Office shall not he entitled to vote in the Election of the Aldermen who are to siq)i)ly their Places: And provided also, tiiat if the Nuith Day of December in anv'Year in wiiicii Elections are to be had as aforesaid shall happen to be Sunday', or a Holiday, such Elections respec tively shall be had on the next following i)av. ' And be it fintlier ordained and enacted, 'Thi-t tlif Mavor and Aldermen to be elected according to the Provisions of this Ordinance shall, during their respective OHices, contmue to be Members of the Council of the said City notwithstiuuhng the Provisions herein contained hv which the Duration of tlie Office of Councillor is limited to a certain Time. And be it fiirthcr ordained and enacted, 'ihat on the Ninth Day of December 111 the Year One thousand eight luiiuired and forty-two, ami in every succeed- ing lear, the Members of the said Council shall elect, fiom Persons nuallHed to be Councillors, by a Majority of Votes, Two Persons who shall be and be called Auditors of (he said City of Quebec, and every such Auditor shall continue m Office until the Ninth Day of December in the Year fiillowinir Ins hiection : Provided always, that in every such Election of Auditors, no Member of the said Council shall vote for more than One Person to be such Auditor as aforesaid : And provided also, that no Member of the siiid Council nor the Clerk, nor the Mayor of the said City, shall be capable of beinir elected an Auditor as aforesaid. ° And AND SPECIAL COUNCIL OF LOWER CANADA. (is And be it further ordained and enacted, Tliat if any extraordinary Vacancy N U48. shall occur in tiie Office of Councillor of the said City afler the first Election ,„^^ „„ii„g ii,e of Councillors to be had as aforesaid, the Inhabitant Householders and Persons ^.j^^ ,*^j .j„,^n of qualified to vote shall, on a Day to be fixed by the Mayor (such Day not Quebec. being later than Ten Days after such Vacancy), elect, from the Persons qualified to be Coinicillors, anotlier Person, duly qualified, to supply such Vacancy, and such KIcction shall beheld and the voting and other Proceed- ings be conducted in the same Maimer, and subject to the same Provisions, as are herein-befbre enacted with respect to the Elections of Councillors to be had as aforesaid ; and every Person so elected shall hold such Office until the Period at which the Person in the Room of whom he shall have been chosen would in tlie ordinary Course have gone out of Office, when he shall go out of Office, but shall be capable of innnediate Re-election if then qualified as required by this Ordinance : Provided always, that no Election shall take place to supply any such extraordinary Vacancy unless the Number of t^ouncillors remaining af\er such Vacancy shall not ' exceed Two Thirds of the whole Number composing the Council. And be it further ordained and enacted. That on the Ninth Day of December in the Year of our Lord One thousand eight hundred and forty-two, and on the same Day in every succeeding Year, the said Council of the said City shall elect, out of the Aldermen and Councillors of the said City, a fit Person to be Mayor of the said City, who shall continue in Office for One whole Year ; and in case a Vacancy shall occur in the said Office of Mayor, by reason of any Person who shall have been elected to that Uffice not accepting tlie same, or by reason of his dying, or ceasing to hold the said Office, the said Council of tlic said City shall, within Ten Days afler such \'acancy, elect, out of the Aldermen and Councillors of the said City, another fit Person to be Mayor thereof for the Kemaiiuler of the Period'tbr wliich the Mayor whose Place is to be supplied was to serve. . i . i Anil be it further ordained and enacted. That no Person appointed or I'lccteil to be Mayor, Akl'Minun, Councillor, Auditor, or Assessor, as aforesaid, shall be capable of acting as such, except in administering the Oaths herein-after men- tioned, until he shall have made and subscribed before any Two or more ot such Aldermen or Councillors (who are hereby respectively authorized and required to administei the said Oaths to each other) the Oath of Allegiance to Her Majesty, Her Heirs and SLiccessois, and also an Oath in the Words or to the Effect f()lUnving ; (that is to say,) , n x, r • I J. B. having been appointed or elected [rt.< the Cane maj/ be] Mayor [o;- • Alderman, Councillor, Auditor, or Assessor, as tke Oixe mm/ //<■,] (or the • City of Quebec, «lo sincerely and solemnly swear, That I will laithtully lulh • the Duties of the said Office, according to the best of my Juilgnicnt and • Ability; and that 1 am seised or possessed for my own I'se of Real or ' Personal Estate, or both, in the said City of Ouebec, afler the Payment or ' Deduction of my just Debts, of the \alue of and that I have • not fraudulently or collusively obtained the same, or a Title to the same, tor • the Purpose of qiialilVing myself to be appointed [«;• elected, «.v l/te Case mui • y 1 Mayor T Alderman, Couiicilioi-, Auditor, vr Assessor, us (he. Case may 6eJ . „ ',(\,.,.;..;,l SohelpmeOoD. ' as utiiresaul. i ... , And be it further ordained and enacted, 'lliat every Person, duly (lualihed, who shall be appointed or elected to the Office of Alderman, ('ouncillor, or Assessor of the said Citv, and every Person, Alderman, or Councillor who sliall Ije appointed or elected'to the Office of Mayor of the said City, sliall accept tli»> Office to which he shall have been so appointed or elected, or shall, in detaiilt thereof pay to the Treasurer of the said City, to and for the Lse of the said City, a Pine, as Ibllows : — f;)r Non acceptance of the Office ot Alderman or Councillor a i'lne of Pifiv Pomuls, fbr Non-acceptance ot the Olhce of Auditor or Asse.s.sor a Pine' of Piliy Pound.s, and fbr Non-acceiitance of the Office of Mavor a Pine of One huiulred I'ounds; ami every such I'lne, it not duly paid^ .shall be levied niuler the Authority of a \\ arrant of any Justice of the Peace having .Jtirisilictioii within the said City, who is iiereby required, on the Application of the said Council of the said City, to issue the same, by Distress and .Sale of the (Joods and Chattels of the Per.son so refusing to accent such Office, with the .ea.soiiable Charges of such Distress; and every |.^.rsl,n so elected shall accei-t such Office by taking the Oath of Allegiance, (.J) H 1 '^"J No. H9. IncurporHting tlie (Jity and Town of Qiieber. 64 ORDINANCES PASSED BY THE GOVERNOR and making and subscribing the Declaration herein-before mentioned, within Four Days after Notice of his Election, and in defiiult tiiereof shall be liable to pay the Fine aforesaid as for his Non-acceptance of such Office, and such Oftice shall thereupon be deemed to be vacant, and shall be filled up by a new Election to be made in the Manner herein-before prescribed : Provided always, that no Person disabled by Lunacy or Imbecility of Mind shall be liable to such Fine as aforesivid ; anil provided also, that every Person so elected to any such Office who shall be above the Age of Sixty-live Years, or who shall already have served such Office, or paid the Fine for not accepting such Office, within Five Years next preceding the Day on which he shall be so re-elected, shall be exempted from accepting or serving the same Office, if he shall claim such Exemption within Five Days after Notice of his Election ; and provided also, that no Military, Naval, or Marine Officer in Iler Majesty's Service, ' full Pay, nor the Members of the Legislature of this Province, the Members of the Executive Council, the Surveyor General, the Adjutant (ieneral of Militia, the Provincial Secretary, the Deputy Postmaster (ieneral and his Dejiuties, Custom House Officers, the Sheriffs and Coroners, the Clerks and Commissioned Officers of the Legislature and of the Executive Council, and Schoolmasters, shall be held or bound to accept any such Office as aforesaid, or any other Office in the said City. And be it further ordained and enacted, That if any Person holding the Office of Mayor, Alderman, or Councillor shall be declared bankrupt, or shall apply to take the Benefit of any Act for the Relief of Insolvent Debtors, or shall compoiuid by Deed with his Creditors, or, being Mayor, shall be absent from the said City for more than Two Calendar Months, or, being an Alderman or Councillor, fci ^ore than Six Months, at one and the .same Time, (unless in case of Illnes.s,; tiien and in every such Case such Person shall thereupon innnediately become disqualified, and shall cease to hold such Office of Mayor, Alderman, or Councillor as atbrcsaid, and in the case of such Absence shall be liable to the same Fii; is if he had refused to accept such Office, to be recovered and applied in the .same Manner. And be it further ordained and enacted. That the Mayor of the .said City for the Time being shall be a Justice of the Peace for the City and District of Quebec ; and it shall be lawful for the said Common Council, "from and out of the Monies belonging to the said City, to grant and allow to the said Mayor tor the Time being, in lieu of all Fees and Perquisites, such Salary, not exceeding Three hundred Pounds and not less than One hundred Pounds, as the .said Council shall think fit. And be it further ordained and enacted. That it shall be lawfid for the said Council of the said City, from Time to Time as Occasion may require, to appoint a fit and proper Person, not being a Member of the Council, to be Clerk of the said City, and another fit Person, not being a Member of the .said Council, and not being City Clerk, to be the Treasurer of the said City, Oi;8 or more fit Person or Persons, not being of the Council, to be Clerk or Clerks of the Markets of the .said City, and One Surveyor of Highways, Streets, and Bridges, and such Number of Overseers of Highways, Streets,' and Bridges, as they may deem necessary, and One Collector for each of the Wards ot the said City, One or more Pound-keeper or Pound-keepers for the .said City, and such other Officers as they may think necessary to enable them to carry into execution the Powers vested in them by this Ordinance and to prescribe and regulate the Duties of all such Officers respectively' and at their Pleasure to remove any such Officer, and appoint another in Ins Place; and the .said Council shall take such Security for the due Execution of the Offices of City Clerk, Treasurer, or other Officer as they shall think proper, and shall and may grant and allow to the City K\ Vif"''"'"'^'"' ^'"' o'her Officers to be appointed as aforesaid such 'salary. Allowance, or other Compensation fbr their .Services as thev mav think fit. • J " "J And be it further ordained and enacted, That the Treasurer of tl-.e -aid Citv shall not pay any Monies in his Hands as such Treasurer otherwise Uian upon an Order in Wnting of the i ouncil of the said City, .signed bv Ti.ree or more Aleiiibers of the said CouiiCif, and countersigned by the Cle"' ! the Citv or on the Order in Writing o. a Court of Justice or Magistnt! authorized' by Law to make such Order. And AND SPECIAL COUNCII> OF LOWER CANADA. Cr, And be it further oriliiinctl and enacted, Tlmt the Clerk, Treasurer, and \r. H^ other Oflicers of tlic said (.'it^•, n))i)()iiitc'(i bv tlie Council as aforesaid, sliall , " , respectively, at siicli limes liiirint^ tlu-ir t ontinuance in Oince, ami witliiii ( in. mwi Town i.t Three Moiitbs after they sliall respectively cease to be in OHice, and in such (jncUn-. Manner as tiie said Council shall direct, deliver to the said Council, or to sucii I'erson as they shall authorize to receive the same, a true Account in Writin;^' of all Matters committed to their Charjje by virtue or in pursuance of this Ordinance, and also of all Monies which shall have been by them resncctively received by virtue or for the Purposes of this Ordinance, anil how mucli thereof shall have been ])aid and disbursed, and for what Purposes, together with proper \'oiiciiers ibr such Payments; anil every such Ollicer shall iiav all such Monies as shall remain due from him to the Treasurer liir the Time being, or to such Person as the said Council shall autliori/e to receive the same ; and if any such ()t?ieer shall refuse or wilfully neglect to deliver such Account, or the Vouchers relating to the same, or to make I'aynicnt as afbri'said, or shall retiise or wilfully neglect to de'iver to the said Council, or to such Person as they shall authorize to receive the same, within Three Days after being thereunto required by the said Council, all Hooks, Documents, Papers, and Writings in his Custody or I'ower, as such Otlicer as atliresaid, then and in every such Case, on Comjilaint made on behalf of the said Council, by such Person as they shall authoii/e for that Piu-pose, of any such Refusal or'wilful Neglect as aforesaid, to any Justice of the Peace ii)r the District or County wherein such Ollicer shall reside or be, such Justice of the Peace shall l)e and is hereby authorized and reipiired to issue a A\'arraiit under bis Hand and Heal liir bringing any such Officer befi)re aiiv Two Justices of the Peace for such District or County ; and uiion the said OtHcer not a])|)eariiig, or net being found, it shall be lawful for the said Justices to hear and determine the Matter in a summary Manner ; and if it shall appear to such Justices that any Monies remain due tiom such Officer, such Justices nuiv and they are hereby authorized and re<;uired, on Nonpayment thereof, bv Warrant iniiler their 1 lands and Seals, to cause such Monies to be levied by ])istress and Sale of the (ioods and Chattels of such Officer, and if sufficient Cioods and Chattels shall not be found to satisfy the said Monies and the Charges of the Distress, or if it sliall appear to such Justices that such Officer has Tefused or wilfully neglected to d'eli\er sucii Account, or the Vouchers relathig thereto, or tliat any Hooks, Docuir.eats, Papers, or Writings which were or are in the Custody'or Power ef such Ofiicer in his official Capacity have not been delivered as aforesaid, or are wilt'ully withheld, then and in tvery .such Case such Justices shall and tliev are hereby reijuiied to commit such Offender to the Common (Jaol or llouse of Correction for the District or County where such Officer shall reside or be, tiieie to remain, without Hail, until he shall have paid such Monies as aforesaid, or shall have made Satisfaction to the said Council, or until he shall have delivered a tine Account as aforesaid, together with such N'ouchei's as ati)iesaiil, or until he shall have delivered up such Hooks, Documents, Papers, and Writings, or have given Satisfaction in ri'siiect thereof to the said Council : Provided always, that no Person so com- niitted sliall be detained in Prison for Want of sufficient Distress only for a longer Space of Time than Tluee Caleiular Months ; iirovided also, that nothing ill this Ordinance contained shall inevent or abridge any Remedy by Actioiragaiiist any such Ollicer so (.trending as aforesaid, or against any Surety for any such Ofiicer, but the Remedy afforded by tliis Ordinance and the Remedy by Action shall not be exercised f)r the same Cause. And'be"it fiuther ordained and enacted. That the Treasurer of the said Citv shall, in Hooks to be kept for that Puipose, enter true Accounts of all Sums ot Money bv him received and paid as such Tl■ea^ul■er, and of the several Matters tor which" such Sums shall have been received and jiaid; and the Hooks con- taining the said Accounts shall at all seasonable Times be open to the Insiiection of any of the Aldermen or Councillors of the said City ; and all the Accounts of th'e said Treasurer, with all \ouehers and Pajiers relating thereto, shall, in the Months of .May and N<)\ ember in every Year, be submitted by such 'I'reasurer to the Aiuhtois elected for the said City as atbresaid, and to such Number of the said Council as the .Mayor of the said City shall name, on the Eirst Day of May in every Year, or, in case of any estraordmary \ acancy of Office, within Ten Days next after such \'acancy, ibr the Purpose ot being examined and audited iVom the Eirst Day of ^:ovember in the Year preceding es ORDINANCES PASSED BY THE GOVERNOR No. 14!*. Incorporating; the I ily mill Town of Qiiebrc. U> the First Day of May, ami from the First Day of May fo the First Day of November, in tlic Year "in wiiicli the said Auditors siiall Iiave been elected and named; and if the said Accounts shall be foinul to be correct, the Auditors shall certify the same to be so ; and after the said Accounts siiall have been so examined and audited in the Month of November in every Year, the Treasurer shall make out in Writinjj and cause to be printed a full Abstract of his Accounts for the Year, and a Copy tiieieof siiall be o])en to the Inspection of all the Kate-jjayers of the said City, and Copies thereof shall be delivered to all Rate-payers of the said City applying tor the same, on Payment of a reasonable Price for each Copy. And be it furtlier ordained and enacted, That in all Meetings of the said Council to be held in pursuance of this Ordinance a Majority of the Members ])resent at such Meetings shall determine all (Questions and Matters submitted to or under the Consideration of the said Council, providiil that the Number l)resent at the said Meetings be not less tiian One Tliird Part of the entire Number of Councillors composing the said Council ; ami at all such Meetings the Mayor of the saidC'ity, if present, shall preside, and in case of his Absence, such Alderman, or in the Absence of all the Aldermen, such Councillor as the Members of the Council so assembled siiall ciioose to be Ciiairman of any such Meetings, shall preside at the same ; and in ease of' an Ktiiiality of Votes the Alayor, or Chairman presiding, shall iiave a casting \'ole. And be it further ordained and enacted. That there siiall be in each Y'ear Four Quarterly Meetings of the said Council, which shall be held on the following Days; tiiat is to say, on the Second Moiuiay of the Months of December, Alarch, .June, ami September in eaeli and every Year, and the said Meetings siiall not at any One Time be iield for a longer Period than Three successive Days, in which Sunday shall not be included. And be it further ordained and enacted, That it shall be lawful for the Mayor of the said City to call a Special Meeting of the said Council when and as often as he may deem it jiroper, after Three Days nrevions Notice thereof; and in case the Mayor should refuse to call any sucli Meeting after a Recpii- sition for that Purpose, signed by Five or more Members of the said Council, it shall be lawful for such Five or more Members to call a Meeting of the said Council, after 'I'hree Days previous Notice, which Notice shall specify the linsiness for which the proposed Meeting is to be held, ami shall be signed by the said Members; and in all Cases of such Sjiecial Meetings as aforesaid a Summons to attend the t'ouncil, specifying the ihisiness to be transacfeil at sucii Meetings, and signed by the ( ity Clerk, shall be left at the usual Place of Abode of every Member of the said Council, 'I'iirce Days at least befi:)re such M eeting. And be it further ordained and enacted, 'I'liat Minutes of the Proceedings of all Meetings to be held as aforesaid shall he drawn up and fiiirly entered in a Hook to he kept for that Purpose, and shall be signed bv the Mayor, Alderman, or Councillor |)residing at such Meeting; and the" said Mlrutes shall he open to the Insiiection of ail Persons qualified to vote at the Flection of Councillors, on Payment of a Fee of' One Shilling, and the said Meetings shall be held with open Doors. Ami be it further ordained ami enacted. That it shall be lawful for the saiil Council to appoint, from and out of the Members composing such Council, such and so many Committees, consisting of such Numlier of Persons a,s thev inav think fit, for tiie better Transaction of the Husincss betbre such Council, anil for the Discharge of such Duties within the Scope of their Powers as may by the .said Council b. prescribed, but subject in all Things to the Approval, Authority, and Control of the said Council. .And be it fintlier ordained and enacted. That it shall be lawful for the said Council of the .said City, at a Meeting or Meetings of the .said Council coni- po.sed of not less than Two Thirds of tlie Memiiers thereof, to make sucii live Laws .IS to them shall seem meet liir tlie good Rule, Peace, Welfare, and (iovenimeiit of the said City, and tor raisuig, a.ssessing, and applying such .Monies as may be required 'for the Fxecution of the Powers with which the said C((uncil is hereby invested, and for maintaining in the .said City a good and efficient System of Police, in such Manner as may by Law be iirovided, either by imixwiiig Tolls and Kates to be paid in respect of any Pidilic Works wiilini the said Citv, or bv means of a \hi',i- or As-i sM-.it^nt t,, W .*..,! •■„.! [ levied AND SPECIAL COUNCIL OF LOWP:il CANADA. 67 levied on Ileal or Personal Property, or bolli. within the said City or upon the N u.i-ii O wners or Occupiers thereof, n> respect of such Property, provided that snci - - 1 . • , ,,■ , ,^ v.i -it' ■ • ,1 i> I liicoruoratina tilt) Assessment shall not m any One \ ear exceed One Shilinig ni the I ound on ( iij .nidTown of tiie assessed Value of the Property lyin^ ami beini; within the said ('ity, or Ly Uncbec. imposing? a Duty or Duties on Sales by Auction, not in any Case to exceed One per Cent, on such Sales, to be paid by the Purchaser, and on the Keepers of Mouses of public Kntertainnient, and the Retailers of Spirituous Licpiors, and on Hawkers, I'edlars, and Petty Chapmen within the said City ; and to impose by .such Pyc I^aws such Pines iiot exceeding Five I'ouiuls, and such Imprisonment not exccedinjj Thirty Days, as they may di'ein jiroper iiir enforcing the same. Provided always, "and belt linlher ordained and enactcii. That a C'opy of every Hye Law to be made by virtue of this Ordinance shall be transmitted, with all convenient Speed after the making;; tlu'reoi; to the (Jovernor of this I'rovince fi)r the Time beinji, ami it shall be lawful for the said Covernor, by and with the Advice of the Executive Council of this Province, within Three Months from ai\d after the Heceipt of such Co|)y, to disallow any such Bye Law, and such Disallowance shall without Delay be signitied to the Mayor of the said ('ity, and thencei'orward such Hye Law shall be void and of no Effect : Provided also, that all Hye Laws repugnant to any Law of the Land, or to any Act of the Legislature of this Province, .--iiall be null and void. And be it tinther ordained and enacted, 'ill u all and every the Powers and Authorities wiiich in and by any of the Acts of the Legislature of tiiis Province, and in and bv anv Ordinance or Law in force in this Province, have been and are vested iii the Court of (Quarter Sessions of the Peace for tlie District of Quebec, and in any Si)ecial Sessions of the Peace for the same District, and in the .Iiistices of the Peace for tiie said District of (Quebec, or any of them, for, touching, or concerning the laying out, making, erecting, keeping in repair, and regidatnin the Highways, Hridges, Streets, Scpiares, Lanes, C:auseways, Pavements, Drains, Ditches", lanbankments, Watercourses, Sewers, Market Houses and Weigh-hoiises, and otiier public Erections and Works, in the s.iid Citvof (Oiiebcc. or anv of them; and tor, touciiing, or concerning the dividiii'-of the said Citv into Divisions, and the Appointment of Over.seers ot Highw'avs, Street.s, and' l$ridi,'es in the said City; and for, touching, and concerning the laying, ir,iposini,r, raising, levying, collecting, applying, paying, and accounting tor a Kate or Kates of Assessment upon Occupiers ot Lands, Lots, Houses, and Huildings, in proportion to the annual Value thereot, within the said Citv of (Quebec ; and for, touching, or concerning the making ot Rules and Ke.'iilations of Police within the said City of Quebec; and tor, touching, ami concerning tlu' inakimi; of Rules and Regulations to restrain, rule, and govern the AiM.rentices, Domestics, hired Servants, and .loiirneymen, and for the Conduct of Masters and Mistres,ses towarils their said Aiipreiitices, Domestics hired Servants, and .lournevmeii, within the said City of (Quebec ; and tor and touching the raisinuM-eceiVing. Appropriation, and Api)lication of any public AL)nies, by Assessment or otherwise, within the said City ; and tor. touclung, or coiiceriiim' the Improvement. Cleanliness, Health, internal Economy, ami local (;..vernment of the said City of (,Juebec, shall, Irom and alter the passing ol' this Ordinance, become and be vested iii ami exerciseil In the said Council of the said City of (v>ncbec. I'rovitled alwavs. and be it furtlier ordained and enacleil, 1 hat all and every the Ruh's Orders, R'egulations, and Acts of Authority, ti)r, touching, or concernmg the several Matters in the next preceding Section of this Ordinance, whicli may be in force at the Time of the i)a.ssing of this Ordinance, shall continue, be, and remain in full force and virtue until the same shall be rescinded, repealed, or altered bv the .said Council of the said City ot Quebec, luuler liie Authorilv of this ( )rd;nance, or by other coinpeteut legal Aullionty. \nd be it further ordained and enacted, 'lliat all and every the public Monies raised bv Assessment or otherwiuebec, to be ap|)ointed under the same Authority re^))eeti\e!y. Provided always, and b? it iintlitr ordatiu.d and enacted, 'I'liat nothing in this Ordinance contained .shall extend or be construed to extend to the Repeal ol any Law, or the Prox i.sion.s of any Law, conferring Power or Authority on the Court of (Quarter Sessions for the District iif (Quebec, or on the Justices of the Peace fijr the said District, or any of them, foucliing or in respect of all or any of those Parts of the P.irisii of (^liicliec not comprised in the City and 'J'own of (Quebec, and tlial ail such Power and Authority .shall continue to ■' .subsi,st AND Sl'KCIAL COUNCIL OF LOWKIl CANADA. m sul>Mst ill respect of sueli Parts of tlic iwiiil I'arisli and the Iiiliabitaiits thcrcur \. . 1 1,- as if tills Orilinaiiee liail not l)eeii passed. . And be it fmllier ordained and t'liaeted, That a certain Oniinanee madf aiiil ('jJ'y'J,'i| passi'd by tlie (iovenior ot' tliis Province, by and with the Advice and Consent g i.-bc,; of the Special Council t()r tlie Alliiirs tliereof, in t lie Second ^'I'ar of ller — Majesty's lleign, intituled " An Ordinanee to suspend li)r a limited 'lime certain Parts of 'I'vvo Ordinances therein mentioned as tiir as the same relate to the City of Quebec, and to establish a Socii-ty theri'in tor prevenliiif; Accidents by Pire," ami all and sinj^nlar the Provi .oiis therein contained, ami also so r.uich of a certain Ordinance made and ))assed by the Captain (leiieral ai;d (lovernor in Chief of the late Pro\ince of (Quebec, l)y and wiiii the Advice ami Consent of the l.ejiislative Cnuneil of tlie said Province, in the Sivcnieentii Year of tlie Uei.u;ii ol"llis late Majesty King (ieorjje llw 'I'liird, iiilittiled " An Ordinance for preventing Accidents by Pire," as \ests in the (iovernor, l.iciitenant (iovernor, or other the Coniniander in Chief of the said I'rovinco, the Power of appointing an ( )verseer to jirevent Accidents by Pire in the said City of(*'nel)cc, siiall, at tiie I'Apiratioii of Nine Calendar Months from aiui after the p ;ssing of this Oriiinance, be and remain ri'pealed ; and tiienet't'orwavd it shall be lawful t()r the said Council of the s;iid City of (^tneljcc, iVom Tiine to Time and as Occasion may recpiire, to appoint a lit and proper Person, not being a Member of liie said Council, to be an Overseer to prevent Accidents by Fire in the said Ci»v of (^)uel)ec, and at their Pleasure to revoke sneji Ap|i()intinenl, aiulappoi it anothi'r Person to be such Oxciseer as al'oicsaid ; and all and every the Powers, Authority, and Duties wiiich in and by the sai>l last-mentioned Ordinance, and any other Oriiinance or Law in Wnw in thi-^ Province, were and are vested in and iinpose Ordinance niidci- Appointments by the pAcculive Ciovernment of this I'rovinee, to which Otlice bv the I'rovision herein contained the I'ower of Appointment is conferred on the Council of the said City, and which Ollice shall be abolisiied, or who shall not be continued in Ollice after the passing of tiiis Ordinance, shall be entitled to a reasonable Comiiensation, to be assessed by the said Council, and jiaid out ot' the Funds of the said City, iiir the Salary", Vw-. and Lmolumeuts of the OHice which he shall so cease "to hold ; and in case liie Person claiming such Comiiensatiun slunild think himsclt' aggrieved by the Delerminalion of the said Council on his Claim, it shall be lawtiil (or liini to apply tlir and ol)tain a Revision of such Determination by the (iovernor of th- Province in Council, who shall thereupon make such Order in Council as to him shall seem just, which Order shall be binding on the I'arties respectively. Provided always, aiul be it further ordained and enacted. That nothing in this Ordinance shall extend to revoke, alter, or abridge, or in any Manner atVect, the Power and Authoritv now bv Law vested ^n- which may hereafter be vested in the Master, Dennty" Master," and Wanleus ,)f the Trinity House of {^\iebec, in respect of the I'ort and Harbour of (Quebec. Provided ;;lso, and be it fiirther ordained and enacted, That nothing in this Ordinance contained shall in any Manner derogate fiom or affect, or be con- strued to derogate from or att'eel, the ilights of Her Majesty, Her Heirs or Successors, exci'pt in so fiir as tlie same may be specially affected by the Provisions of this Oil' umce. ^ And be it further onlained and enacted. That the Words " (iovernor ot tins Pro\ince," wherever they occur in the said Lnactinents, are to be understood us meaning and eoiniirelieiulmg the (iovernor or Person authorized to execute the Connnission of (iovernor wilhin tins Province flir the Time being. And be it further onlained and enacted, I'hat this Ordinance, and the I'rovisions herein contained, shall not cease or cKjiire on the First Day ot' November which will be in the Year .four Lord One thousand eight hundred ami ibrtv-two, but shall be ami remain a jicrmaneiit Law, and in full I'orce, until the "same shall be rei'ealed or altered by competent Legislative Autlioiitv. . , riiiiii; 'i.r I T.nvii -a li 70 No HH. Iiu'(irutiiig llio Cii) mill Town of ijiii'liei'. ORDINANCKS PASSED BY 'I'lU: ClOVKUNOR And be it further onlaineil ami cnactod, Tliat this Onlinaiice »lmll be ht-Ul and taken to be a I'ublic Act, and sliall be jiuiieially lai»en notice of and have the Effect of a Public Act without beinfj specially jtUaded. (Signeil) I'. I'oii.KTT Thomson. Ordained ami enacted bv the Aiitiiority aforesaid, and passed in Special Council under the ('ircat Seal of the I'rovince, at the (iovern- ment House in the Citv of Montnal, the Twenty.»if\h Day of June, in the I'ourth Year of tlie Ueifin of our Si)verei>,ni I.ady Victoria, by the (irace of(iod of(ireat Hritain and Ireland (^ueen. Defender of the Faith, and so forth, ami in the Year of our Lord One thousand eight hundred and forty. By hii, Excelleucy'> Connnaml. (Signed) W. B. l.iNnsAy, Clerk Special Council. 1 iieri'liy ciTlify lln' aliovt lo Ik- u ini' t'.ijiy i)fiiii Oriliiiaiia' passnl liv the GoviTnoi' III' lliu I'roviiici! of Lower t'iiniiila, liy anil wiili till- Ailvicc anil Consent of the S[H'eial C'oiiiiiil for the All'airs of die said Province, on the TtteMtv-fifth Dny of June One ihousanil oiaht liiimhvd and forty, and in tlie Fourth Year of Her Majesty'* Heigi). (Signed) W. H. I.iniikav, Clerlv ijpeclal C'nuntil. (Copy.) .Nil, ll!t. 1 .cor|ioriitiii({ llie ' it) iUllI Town llf Montri'nI. No. 1 Hi. An Ordinance tu incurponilc tlw Cili/ and Toirn "/'Montreal. [Passed 'J5th June 18 K).] W iiEKKAs, tor the better Proteition, Cart', ami Manai^enient of the local Interests of the Inhabitants ut' the City and 'I'oun of Montreal, ami tor the Municijjal (loveriunent and tiie Ini])i()veiiieut thereof, it is expedient that the said City and Town be incorporated ; be it tiierefore ordained and enacted hs his Kxceilency the (iovenior ot' this I'rovitice of Lower Canada, by ami with the Advice and Consent of tlu' Special Couticil ti>r the Atlliirs ot'tliis Province, constituted ami assembled hy \irtue and inuler tlie .Autlioiity of an .\ct of the Parliaiiietit of the I'nited kiii;^(lom of (ireat Britain and Irelaml passed in the First Year of the Keijiii of Her present Majesty, intilided " An Act to make tein|)orary I'rovision tor the (iovernineiit of Lower Canada," and also by virtue ami iimler the Authority of a certain otlier Act of the same Parlianietit, passetl ill tiie Session held in tlie Second and 'J'liini ^'ears of the iteign ot' Her present Majestv, iniituh'il " An Act to amend an Act ot' the last Session ot Parliament tor making temporary Provision l(>r the CioM'rnment ot' Lower Canada," and it is hereby ordained and enacted by the Authority ol' the said Acts of Parliament, That the Inhabitants of the saiil City ami Town of Montreal, and their Successors Inhabitants ot the same, shall be ami they art- herein constituted a Body Corpoiati' and Politic, in I'act and in Name, by and nndfr the Name, Style, and 'I'itle of " The Mayor, Aldermen, and Citizens of the City of Montreal," and as such shall have pcrj)etual Succession, and a Common Seal, with Power to briak, renew, eliaiige, ami alter the same at i)leasure, and shall be capable of suing and being sued, and of impleailing and being impleaded, in all Courts of Law and Kipiity, and other Places, in all Manner ol Actions. Causes, and Matters whatsoever, and of accept in u;, taking, purchasing, and holding Goods and Chattels, Lands and Teneimiiis, real and personal, moveable and immoveable Fstatrs, and ot granting, selling, alienating, assign- ing, di'inising, and conveying the same, and of entering into and becoming a Party to Contracts, and of granting and accepting any Bills, Bonds, Judgments, or other Insfrmncnts or Securities, tor the Payment or securing of the Payment of any Money borrowed or lent, or for the Pertormaiice or securing the Performance of aiiv otiicr Diitv, .Malttr, or Thing \Nli:il.M)cver. Ami P AND SPi:CIAL COUNCIL OF LOWKIl CANADA. 71 Aiul 1 And be it further onliiinoil and onactcil, That tlic Tract of Land wliicli in No, I4W. and by a certain Pnu-laination of IiIh Kxcellency Sir Alured Clarke, Lientenant (Jovernor of the I'rovim-e of Lower Canada, insued nnder the Oreat Seal of | "';",';""!;.'"«„',', the said I'roviiice, and l)carint( Date tlie Seventh Day of May in the Year .M„ntr.iil. of onr Lord One thousand seven Innidred and ninety-one, was and is deseril)ed ■ u,H hein^ comprehended within the City and Town of Montreal, and which it was therein declared .should be ihencelbrwaril called by that Name, shall from and alter the jmssinj; of thin Onlinance ctmslitule and be and be calh'd the City of Montreal. And be it further ordained and enacted. That for the Purposes of this Ordinance the said City of Montreal shall be and is hereby divided into Six Wards, to be called res))ectively I'.ast Ward, Centre; Ward, West Ward, (Queen's Ward, .Saint Lawrence Ward, and S.iint Mark's Ward. And be it further ordained and enacted, '1 hat the said Wards of the t'ity of Montreal shall be divideil, botnided, and limited as follows ; that is to say, the Kast WartI of the said City, on the South-east, by that Part ol the lliver Saint Lawrence opjwsite to and cMendiuK from Lacroix Street to the l-'.xtremity of Walker Lane; on the .South-we.st by the Middle of Walker Lane and Saint (iabriel Street to Crai^; Street; on' the Nortli-west by the Middle of Craifj Street from Saint (Jabriel Street at()resaid to Saniiuinet Street, and continuing; down Sanj^uinet Street luitil it meet Saint Louis Street, from tiience aloni; the Middle of the said .Saint Louis Street to where tlie said Saint Louis Street meets Lacroix Street at()resaid ; lastly, on the North-east by the Centre of Lacn)ix Street from .Saint Louis Street aforesaiil to the Uiver or I'oint of Departure. The Ceiitri' Ward of the said City shall be divided, bounded, and limited .as follows; that is to say, on tiu- South-east by that I'art of the River .Saint Lawrence opposite to and extending from the Midille of Walkir Lane to the Midille of the Lxtremily of Calliiies Street; on the South-west _bv the Middle of said Callieres Street, and crossiui,' the Interval between said (lallieres Street and Franvois Xavier Street, 1>\ the Middle of said Franrois Xavier Street to Craij; Street ;' on the North-west 'by the Middle of Craii; Street to (iabriel Street ; and lasllv, on the North-east by the .Miildle of the said (iabriel Street and Walker Lane to the lliver or Point of l)ej)arture. The West Ward of the said City shall be divided, boimded, and limited as follows; that is to suy, on the Soiith-east bv that Part of the River Saint l^vwrence opposite to and extendint; from the Middle of the Kxtremity of Callieres Street to the .Middle of the Extremity of (irey Nuns Street; on the South-west by the .Middle of the said (irey Nuns Street to the Middle of William Street, to the Bottom of M'(iill Street, continuinf^ on the .South-west by tlie Middle of iNi|(iill Street, and bv the .Middle of Commissiouers Sipiare, "to Fortiticatiim or (ilacis Lane, thence Westerly to where Fortitieation ()r(ilacis Lane Joins the Middle of Saint Uadegonde Street, and thence by the .Middle of .Saint Radegonde Street to Craij? Street; on the North-west by the .Middle of Craij.'; Street as fiir as .Saint Franrois Xavier Street; and lastly, on the North-east by tlw Middle of Saint Franvois Xavier Street and Callieres Street to llie River or Point of Departure. The (Queen's Ward shall be bounded as follows ; the .South-west Side of (irey Nuus .Street, eommeneiiig at the River Saint Lawrence, and eonthuiint,' to William Street, the North west Side of William Street, thence to .\l'(iill Street, the .South-we.st Side of M'Ciill Street, thence to ( 'ommissioiu'rs .Scpiare, thence the .Soutli-exst and South-west Sides of Commissiouers .Sijuare, and the South- west Sule of .Saint Railejjonde Street, to Lagauehetiere Street, thence the North-west Side of I.agauchetiere .Street to .Uexander Street, thence the South-west Side of Alexander Street to .Saint Catherine Street, thence the South-e.ist Side of Saint Catherine Street to City Councillors Street, thence the South-wesi Side of Cilv Couneillois Street to Sherbrooke Street, thence the Nmth-west Siile of Sherbrooke Street to Durocher Street, thence the Soutii-wist Side of Duroeher Street and the Extension of the .same to the Citv Boundary Line, thence along the san\e as tin- as it may extend towards the' .Scnith-west, thence along the said Line in a .South-east Direetiou to the River .Saint Lawrence, and thenee to the Place of Hegimung. The .Saint Lawrence Ward shall be bounded as t()llows ; the North-west Side of Craig Street, conuneiieing at .Sanguinet .Street, and continunig to Radegonde Street, thence the North-east Side of Radegonde Street to /,j. ^ I 1. Lagaucheliere 72 ORDINANCES PASSED BY THE GOVERNOR »! P pi I; i i.l t li curi/iintliiii; t ilj and Tiiu Mi'nliea!. tl.c II of L;ip;aiiclietiure Street, tlicnce the South-east Siile of Laj:;aiiclieticrc Street t() Alexander Street, tlieiice the Nortli-east Side of Alexaiuier Street to Saint Cutiierine Street, thenee the Noth-west Side of Saint Catiierine Street to Cit^ Ciiiineillors Street, tlience the Nortli-east Side of City C'onneili( rs Street to Sherbrooke Street, tlicnec the Soutli-easl Side of Slierl)rooke Street to Durociier Street, tliencc tlie Nortli-ea.st Side of Diiroelier Street to tlie City IJonndary Line, thenee alonjj tlie said Line towards the North-east niitil tiie same joins tlie Extension of Sanj^ninet Street, thenee the South-west Side of Saniiiii'net Street to ('rai;j; Street or the I'laee of l!ej,'inninjj:. The Saint Mary's Ward shall be bounded as tiiUows ; all sn-'h Houudaries herein- after mentioned to be comprised within the said Ward ; namely, the North east Side of Laeroix Street, conimeneiiif^ at the River Saint LavMeiice, and ton- tinuinp; to Saint Louis Street, tiom thence the North-west Side of Saint Loui'? Street to Sanivuinet Street, from thenee the North-east Side of Sanguinel Mreet with tiie Extension thereof to the City ISonndary, thence along the City Boundary Line so far as the same may be found to extend towards the North east, thenee continuing the said Line in a South-east Direction until the !-ame shall reach the River Saint Lawrence, and thence along the saiil River to the Place of ISeginning. And be it further ordained and enacted, 'I'hat there shall be appointed and elected in t!ie Manner herein-after mentioned One fit Person who shall be and be called the Mayor of the said City of Montreal, and a certain Numl.'er of fit Persons who shall be and be called Aldermen of the said City, and a certain Number i;!' other fit Persons who shall be and be called Conneillors of l!ie said City, and such Mayor, Aldermen, and Councillors tor the Time being shall bt' ;.nd be called the Council of the said City. And be it further ordained and enacted, That it shall be lawful for the (iovernor of this Province for the Time being, by Letters Patent under the (ireat Seal ol' tlii-^ Province, to nominate and constitute a fit and proper I'l ison to be the first Mayor of the said City of' Montreal, who shall be and loulinuc in that Office until the First Day of December which will be in tiie Year of' our Lord One thousand eight hundred and forty-two, and fioni that Time until another Person into the saiil Oiiiee shall be elected and sworn, according to the Provisions herein-after ex])res-,ecl and declared ; and also, by tile same Letters Patent, to nominate aiul constitute Six fit and proper Per.^ons to be the first Aldermen i;f the said Citv, who shall be and continue in that OHice until the Day aiuHear lust iiieiitioned, and from that Time until other tit and jirojier Persons shall be electeil and sworn into the saiil Olliee in fiieir Places, aceoriling to the J'rovisions iiereiu-after expressed ; and likewise, by the same Letters Patent, to nominate and constitute Twi'lve fit and proper Pirsons to be the first Councillors of' the said City of Montreal i.t'uresaid, who shall he and continue in tliat Ofiice until the Day aiul Yi'ar last men- tioned, and from tliat 'lime until (jtlii'r fit and ])ropi'i- PiM^ons .'h:dl into tile said Olliee be elected and sworn, according to the Provisions herein-after ex])resscd. ,Vnd be it further ordained and enacted, That in case a \'aeancy oi- \'aeancies .•■hould occur in the said Oiiiees of M.ivor, Alderman, and Councillor, (U- anv of them, at any 'I'iine previous to the said Tiist Day of December wliiel in the Yiar ( t'oui Loid()netl iinisand iiy,.it liiiiu bed and flirt \-tw uen o, i; hall be hall be lawful fiir the said Counci! <.f tlie said City of Montreal t ) elec". a til Person ( r Persons to fill up any such \'acancy or Vacancies of the said Oilii-es of -Mayor, Alderman, or Councillor, who shall he and continue in such OJlice or Offices until the Day and Year last afiiresaid, and fioiu that 'i i:ne until another Person or Persons shall lie elected and sworn into such Olliee or Olhees, aceoriling to t!ie Provisions herein-after expressed. And be it further ordained and enacted, Tliat it shall be lawful for the said Council of the said City, iVom '1 ime to 'J ime and at such Tunes as they niav deem tit, jirevious to the ^id lust Day of December in the Year of our Lord One thousand eight hundred and fiirty-tv.o, to apjioiut One AsMssor for each c-f the said Warils of the said City resjieetively, who shall continue in Oliicetiir such Period ol'Time as liy the said Council shall be fixed and liiniled, not I xtending bevuiul the Day and Year la t mentioned; and it "hall alio be lawful li;r the said Council to nnscrihe the Duties of .siuh Assessors. And AND SPECIAL COUNCIL OF LOWER CANADA. 73 And be it further ordained and enacted, That no Person shall be capable No. M9. of being appointed or elected an Alderman of the said City of Montreal unless lie shall have been a resident Householder within the said City for One Year a^'''^''l2l!'o( next before such Appointment or Election, and imless he shall be seised or Mdiitreai. possessed to his own Use of Real or Personal Estate, or both, within the said City, after Payment or Deduction of his just Debts, of the Value of One thousand Pounds Currency. And be it further ordained and enacted. That no Person shall be capable of being appointed or elected a Councillor of the said City of Montreal unless he shall have been a resident Householder vvithi\i the said City for One Year next before such Apj)ointment or Election, and unless he shall be seised or possessed to his own Use of Real oi Personal Estate, or both, within the said City, after Paynu-nt of his just Debts, of the Value of Five hundred Pounds ('urrency. And be it further ordained and enacted, That the Councillors of the said City of Montreal, at the Periods herein-after appointed, shall be chosen by the Majority of Votes of such Persons, being inliabitant Householders within tiie Ward for which such Election shall be had, as shall severally be possessed, at the Time of the Election, of a Dwelling House within the said Ward held by them respectively in Freehold, or t(>r a Term of Years, or for a Term not less than On,' Year, and who shall have been resident within the said City (luring One Year or more, jjrevious to any such Election, and who shall have resided within the particular Ward for which such Election shall be had not less than Three Months next before such Election ; ami Part of a Dwelling House in which an Inhabitant shall reside as a Householder, and not as a Hoarder or Lodger, and having an outer Door by which a separate Com- nuuiication with the Street may he artbrded, sliall be considered a Dwelling I louse within the Meaning of this Enacunenl : Provided always, that when and so soon as any Rate or Rafes, Assessniem or Assessments, shall be laiil by and under the Authority of this Ordinance, no such iidiabitant Householder shall be entitled to vote at tlu Election of Conncillor^ as at()resaid unless he shall have been rated to and in respect of the Rates or Assessments laid as afore- said : And i)rovided also, that after any such Rate or Assessment shall have been laid as aforesaid, every Male I'erson, though not a Householder, who shall have been resident in the said City during Three Years next preceding any such Election of Councillors, and who shall have occupied any Warehouse, Counting-house, or Shoj), within any of the said Warils of the siiid City, during Three Months next preceding sucii Election, and shall have been rated for not less than One Year in respect of such I'remises tor such Rate or Assessment as aforesaid, shall be entitled to vote at the Election of Coun- cillors to be had in the Ward in which such Premises shall be situated : And jjrovided also, tiiat no such inhabitant Householder, or Occupier of a Ware- house, C(nniting-liouse, or Shoj), withm the said City, shall be entitled to vote ;it any such Election of Coiuicillors unless he shall have paid the An'ouut of :dl Rates and Assessments within the said City of Montreal that m;u have been due aiul jjavable hv luin before the hohling of any ;^ueh Election. And be it further ord'ained and enacleil, 'I'liat no I'erson shall be capable of being appointetl or elected Mayor, Alderman, or Councillor of the said (Mty of Montreal, or of voting at any" Election of City Officers, who shall not be a natural-born or natunihzed Subject of Her Majesty, and of the full .\ge of Twenty-one \iars ; nor shall any Person be cajiable of voting ()r of bemg elected at anv such Election who shall have been attainted for Treason or Felony in anvCourt of Law within any of Her Majesty's Dominions. And be it further ordained and enacted. That no I'erson Ijeing in Holy Orders, or l)eiug a Minister or Teacher of any dissenting or religious .Sect or ( oMgiegatio or au\ .ludge or .luilges, Cleik or Clerks of an\ Court, nor any i)t the ministeiial Law Olheers oi the Crown, nor any Person accountable fo. ilie City Revenues, or receiving any pecuniary Allowance from the City for his Services, nor anv Officer or Perscin pri'siding at an Election of a Councdlor or Councdlors while so |)residing, nor .niv Clerk or Assistant employed by luni ;,l any such Election while so cmjiloyeil, shall be capable of bemg appointed or electeil a Councillor tiir the said City. And be it further ordained and enacted. That on the First Day of l)eeend)er wli' ■!> will be in tiie Year of our Lord One lliuusaiiJ eighl hundred and forty K two, 74 ORDINANCES PASSED BY THE GOVERNOR No. I 10. iiicurpuraiiiig tlie i;ity «nd Town of Montreal. h two, and on the same Day in every succeeding Year, the inhabitant House- liolders and Persons qualified to vote as atbresaiil shall openly assemble in the several Wards aforesaid, and elect from the Persons qualified to be Councillors Three fit and proper Persons to be Councillors for each of such Wards respectively, or so many as shall be required to supply the Places of those who sh*;!! then go out of Office, and also One fit and proper Person to be A.ssessor tor each of the said Wards respectively : Provided always, that if the Day so appointed for such Election shall in any Year liap])en to be Sunday or a Holiday such Election shall take place the next tbllowing Day. And be it further ordained and enacted. That on the Eir>t Day of December in the Year of our Lord On«.' thousand eij;lit Inuulred and tbrty-two, and in every succeeding Year, One Third of the Xumbor appointed as af()resaiil to be the Nundier of Councillors for the saiil City of Montreal shall go out of Office, and in the Year One thousand eight liuiuhed and t'orty-three those who shall go out of Office shall be the Councillors who shall have been elected under the Provisions of this Ordinance by the smallest Xuniber of N'otes in the j)reeeding Year, and in the Year One thousand eight hundred and li)rty-<()ur those who shall go out of Office shall be the Councillors who siiail have been elected under the Provisions of this Ordinance in tlu- said Year One thousand eigiit hundred and forty-two by the next snuilk'sl Xnniber of Votes ; and if any Two or more of the said Councillors shall have been elected by an e(|ual Number of \'otcs, then it shall be iletermined by the -Majority of the whole Council which of the said Councillors so elected shall then go out of Office; and thereafter those who shall go out of Office shall always be the (.'ouiuillors wlm siiall ha\ ■ been the longest 'L'ime in Olliee without He-election: l'ni\i(led alwa\>, that ;uiy Councillor so going out of Office shall be eajiahle of being lorth'witii re- elected if then (pialiried as ve(iuired by this Onliiiaiice. And be it further ordained and enacted, Tiiat tiie I'irst Klecliou of (out, eillors to be had as aforesaid on the First Day of Di'ceud)er which will be in the Year of our Lord One thousand eight hundred and tiuty-two, and all sid)sequenl Elections of Councillors to be liad uudcr the I'roVisions ot liiis OrditKinee, sliall be held at ciMuenient Places in the said several Wards of the said City, and shall res])eclively be held by inul belbre such of the Aldermen er Councillors of the said City as may by the Mayor of' the saiil City tor the Time being be in)()ointed, or, in case of Vacancy in the Office of Mayor, bv the C>>uncil of the said '""tv. And be it fuither ordained and enacted, Tluit at f.k.-tidns (ilC afbresa.d, ,1. >liall be lawful for the Officer or J'ersoti hnkling such Flection, and be i- hereby required, whether otherwise qualilied or not, to give a \'ote for one or other of the Persons having such F(|ualitv of X'oics, in onkr to gi\e a Majority to one of them, and deternnne tiie Flection ; and the I'oll Fists kept at" sucii FiiTlions shall, by the Officers or Persons holding the same, be delivere.l wifliiM 'I'/uee Days after the Conchisicm of every such Flection to the Clerk of the (;ity, to remain in his Office, where tliev shall be open to Inspection bv any Elector, oii the Payment ota Fee of One Sliiiliiii;-. And be it further ordained and enacted, 'i'luit Persons eiUitled to vote at the Flection of Couneillrrs as afinesaid -iiall vole withm the particular Ward lii winch the Properly eonstiluting their (Qualification to vote shall be situated, .uid not otherwise; and if any such Person shall be possessed of Properly entitling him to vote in Two or more War.ls he shall be entitled to vote iu tha't Ward only in which lie may reside. _ And be it further ordained and enacted, That it shall be la-vfnl for the s.iid Council of the saifi City, by a ily. Lau oi live Laws to be c.-icied in tins - " Behalf, AND SPECIAL COUNCIL OF LOWER CANADA. 7.5 No. H!). Ii)cor|)oratiiig the Ciiv Hiid Town of Behalf, to miike Provision for the making of Lists, and a Registration of all Persons qualified lo vote at Elections of Ccncillors and other City Officers in the said ("ity, whereby the Right to vote at such Elections may be determined -, , „^. ^^^ .,„^, and until such Provision shall have been made by such Bye I^w or Bye Laws .\i„ritreHl. every Person desirous of voting at any Election of Councillors as aforesaid • shall, before he be permitted to vote, if required bv the Officer or Person holding any such Election, or by any Person (|ualilied to vole at the same, make Oath to the Particulars of his Qualification, and that he has not before voted at such Election ; which Oath the Officer or Person holding such Election is hereby authorized and reciuired to administer. And be it further ordained and enacted. That after Provision sliall have been made by a Bye Law or Bye Laws as aforesaid Tor the making of I^ists or a Registration of Persons (jualified to vole, whereby liie Right in Individuals to vote may be determined as aforesaid, eveiy Person desirous of voting at any Election of a Councillor or Councillors as aforesaid shall, before he be per- mitted to vote, produce a Certificate, under the Hand of the proper Officer, of his Qualification, pursuant to any ^,uch Bye Law, and shall, if rccpiired by the Officer or Person holding such" Election, or by any Person cpialified to ote at the same, take the tollowiug Oath, which the said Officer or Person holding such Election is hereby authorized and required to administer ; (that is to say,) ' I do swear. That 1 am tiie Person deseribeil in the Certificate that I now ' produce, anil that I have not before voteil at this Election, ' ' So help me GOD.' And be it further ordained and enacted. That if any Person shall knowingly swear falsely as to an\- of the Parlieuiais of his alleged Qualification, in jinr- suaiiee of the preceding Niiuteentii Section of this Ordinance, or if he shall knowingly swear iaiselv in taking the Oath prescribed by the precedmg Twentieth .Section of this Ordinance, he shall he deemed guilty of wilful and corrupt Perjury, and suffer the Pains and Penalties provided by Law in Cases of wilful and n)rru].t Perjury. And be it f irtiicr ordained and eiiaetea, Thai if at any Election of a Coun- cillor or Ciouncillor;. as aforesaid any Person shall be elected a Councillor for moK than One W .ml of the said Citv, he shall, within Three Days after Notice t'lereof, mak. his Option, or, on hi> Default, the Mayor of the saul City shall (i.elare for whi'h One of ilie s.iid Wards such Peis(a) shall serve as Councillor, and thereupon sucii Person shall be held to h.i\e been elected m that Ward onlv, and in no other. And be it fiirtiier or.JMinc.l and enacted. That on the Fust Day of December which will he 111 the Near ofonr l.oni One thousand eight hundreil and torly- two the Conneillors wlio shall he first elected under llie Provisions of this Oidiuanee, and on the Ninth Day of December in the \ear One tiiousiuu il'du hundred and tl.rtv-ti\e, and' in every siiee.rduig Thu'd \ear, the said Council of the said City tor the Time behig, shall elect from the ( ounciUor.- ( (.mposiug tiie said Council .Six Persons to be AUlermen of the said C ity, or so many as sli.'il hi' lequi.ed to supply the Places of those who shall go out of Office according ii the Provisions hereiu-afler contained; and that on tlie Ninth Day of ;>^. ember in tlie Year One tiiousand eight hundred and forty- hve, and "in every sueeeeiling I'lind Year, One Half of the Number appointed as aforesaid to be the entire Nuinh.r of .Mden.ien ot the said ( ity shall go out of Office ; and the Councillors eomposing the said Council, unmediately after tlie Eir-t Election of Aldermen lo he had as afi.resaid, shall designate the Ah ermeu who shall -o out of Olhee in tlie Year tJne thousand eigiil hundred and forlv- five, and iheieafter those who shall go out of Office shall ahvays be those wh.. have been Aldermeu for the longest Tine without Re-election: 1 rovided always, that any Alderinau so g.)ing out of Ollice may he forthwith re-elec ed if then qualified as re.piired bv this Ordinance ; and pioyided also, that Itie •\hlermen m. going out of Ollice shall not he entitled lo vote in the Election of the Aldermen who are to supply their Places; and provided a so, that it tlie Ninth Day of December in any"Year in which Elections aie to be had lus afon- said shall" happen to he Snnda"y or a Holiday, such Elections respectively shall be had on the ueM fi)llowing Day. .„, C 1.) K '2 "^"" 7® ORDINANCES PASSED BY THE GOVERNOR Nc. 1 49. iDcorporaiinp ilie I I And be it further ordained and enacted, That the Mayor and Aldermen to be elected according to the Provisions of this Ordinance shall, during their < iiraiid Town ot respective Offices, continue to be Members of tlie Council of the said City, Momreiil. notwithstanding the Provisions herein contained, by which the Duration of the Office of Councillor is limited to a certain Time. And be it further ordained and enacted, i'hat on the Ninth Day of December in the Year One thousand eight hundred and t()rty-two, and in everv snceeedin"- Year, the Members of the said Council shall elect from Persons qualilied to be Councillors, by a Majority of Votes, Two Persons who shall be and be called Auditor-s of the said City of Montreal ; and every such .Vuditor shall continue in Office until the Nir.tii Day of l)eceud)er in the Year l()ll()wing his Election : Provided always, that in every such Election of .Auditors no Mend)er of the .said Council shall vote for more than One Person to be such Auditor as aforesaid • and jjrovided also, that no Member of the said Council, nor the Clerk nor the Mayor of the said City, shall bi' capable of being elected an -Vuilitor as aforesaid. And be it further ordained and enacted. That if any extraordinary Vacancy shall occur in the Office of Comicillor of the said City after the First Election of Councillors to be had as diHcsaid, the Inhabitant Householders, and Persons qualified to vote, siiall, on a Day to be fixed by the Mayor, (such Day not being lateiMhan Ten Days after such Vacancy. > elect fiom the Persons qualified to be Councillors another Person duly (|ualifiecl to supply such Viicancv ; and such Election shall be held, and the Voting and other Proceedings be coiiducted, in the same Manner, and subject to the same Provisions, as are herein-befcMr enacted with respect to the Klections of Comicillors to be had as aforesaid ; and every Person so elected shall hold such Office initil the Period at v iiicli the Person in the Hpom of whom '.e siiall have buen chosen woidd in the ordinary Course have gone out of Office, when he shall go out of Office, but shall In- capable of i.nniediate Ke-eleetioii, if then cpialilii'd as required hv this Ordinance • Provided always, that no Election siiall take place to supjily anv .siicii extra- ordinary X'acancy unless tlie Number of Councillors rema'iniiig after Midi Vacancy shall not exceed Two Tliirds of the whole Number composin.-- the ( oiincil. ' ■" And be it turtlicr orciaiiied and enacted, That on the Ninth Dav of December in the Year of our Lord One thousmid eight liundrod and forty-two, and on th e same i)ay in ev;'iy succeeding Year, tiie yiid Coiiiuil of ilu. said Citv shall elect, out of tiie Aldeiinen and Councillors of tlie saiil ( itv, a lit I'ersoii to be Mayor of the said City, who siiall continue in ( )ffice llir oiio whole Year • uid ni case a \ acancy shall occur in •In- said Office of .Mavor by reason o(' itny 1 enson who shall have been elected to that Office not acceptinL' the same or by rea.son ol Ins dymg or ceasing to hold the saiil Office, tl ' the said City shall, within 'I'cn Days after siicii \'ai -Aldernien ami Councillors ot' the said City thereof' liir tlic Kemaiiuier of tlie Period liii to be siipplifil was to serve. And In it further ordained and enacted. That no Person appointed or ele -ted to De iM:i-c,r, .Mderman. Councillor, Auditor, or Assessor as ali)resaid shall be capalie ot acting as such, except in ad.ninisterinLC the Oatlis iierein-alter im tioiud, until ue shall have made and subscribed, belore any Tw sucli .vlilernieii or Councillors (^wiio le said Coinicil ol siieli \ acancy, elect out of trie aii()tlier tit I'ersou to be Mavor wliicli I lie .Mavor wlio.se Place is Dscrioed are herehv heloif any r» >pectivei\ :'n- Ao or more of requirodU) aiuuini.ter tlie sauKiatlis to each otii'er). the Oath of AllI'^iianeeTo nei .V ajefty ilcr Hens and Successors, and also an Oath in tlie W.mh or to tlie hllect loilosMiig; (ihat is to say,') ' I .'/. n., having been appointed [.,/■ eli-cted, ns Ihr Ctsr mm, /«■,] Ma\o, [ or lor, -Auditor, «/• Assessor, us llir Cisr 111111/ //c,] (or the sincerely and solemnly swear, I'hat I will liiithfully Alderman, C-miiu'iI City (f Montreal, do fuhil the Duties ot' the said Office accord ng to the best of .,,,,1 ,,|.: •■■".- .^...>. v,.,Ke iueoH.Mig u> ine nest or inv .imlguieiit ami A!) Ii y, and that 1 am seise.l or possessed ti.r my own Vsv of Real or crsonal l.^.te, or both, in the said City ,.f .Montreal, after the Payment or U. due 10,1 ot my just Debts, of the Value of Pounds, and t at 1 iKue not frau.iuiently or coliusively obiaine.l tlu' same, or a Title U. tne same, tor tlie J'urnosi- of nuailfv In.r ,mw,.lf.,. t, ; 1 i 1 1 s.nne lor tlieJurpos.- of quaiit^ing u.vself to be appointed [or elected, «» the tnsevun, nq Mayor [Alderman, Councillor, Auditor, or Assessor mm, I,,,] as aforesaid. ^^ |,^.|,, ,„,. (jy,, , And an t/ic t'li: II AND SPECIAL COUNCIL OF LOWER CANADA. 77 • And be it further ordained and enacted, That every Person, duly qualified, N:iMie Fine as if lie had refiised to accept such Office, to be recovered a id ajiplied in the sann' Manner. And be it further unlaiiied and enacted, That the .NLiyor of the said City for the Time being shall lie a .Justice ^f tlie i'eace fi)r the City and District of Montreal; audit >liall be lawful for the said Common Council, from and out of the Monies belongiuu' to tlie said Citv, to grant and allow to ihe said Mayor for the Time beiiig.'iu lieu of all Fees and Per(|uisites, such Salary not exceed- ing Three iii.ndied I'oinuU and not less than One hundred Pounds, as the siiid Council >iKill think tit. , „ , , .. , ,. , • ■ And be it ftuther ordained aiu' enacted, Fhat it shall be lawtiil lor the saul Council of Ihe said Citv, Irom Tune to Time as Occasion may recpiire, to appoint a lit and I'roper Pers. n, not being a .Member of the ( 'ouiuil, to be Clerk of the saidCilN ; and aiiuiiier lit I'erson, not being ;; Member of the said Coiiiuil, and not being Citv Cierk, to be the 'I'reasurer of the said City ; One or more fit IVi>on or Persons, not being of tiie Council, to be ( lerk c,r Clerks of the Markets of the said City ; and One Surveyor of Highways, Streets, ;md Bridges, and such Number of ( iverseers of Highways, Streets, and Bridges a.s they nsav deem necessary ; and One Collector ibr each of the M ards ot the said City ; One or more I'ound Keeper or Pound Keepers for the said Ciiy, and such utlier K ;3 Officers ('!»! I 78 ORDINANCES PASSED BY THE GOVERNOR i, ii N.i. 1 10. liicur|ioiHtiiii( t1 ( ilv and I'lnvii M"'ntr»-;il. Ofticci's as they may think necessary, to enable tliem to carry into execution the Powers vested in thcni by this Ortiinance, anil ti) prescribe anil regulate the Duties of all sucli Officers respectively, ami at their Pleasure to remove any such Officer, anil appoint another in liis Plac ; anil the saiil Council shall take >ucli iSccurity for the duo Execution of the OHices of City Clerk, Treasurer, or ullicr Officer, as tlicy shall think j)roper, and shad and may grant and allow to the City Clerk, Treasurer, and other Officers to be appointed as aforesaid such Salary, Allowance, or other Compensation for their Services as they shall think til. And bo it further ordained and enacted, That the Treiisurer of the sjiid C'ily shall not ))ay any .Monies in his Hands as such Treasurer otherwise than upon an Order in Writini; of the Council of the said City, sijjned by Three or more Mend)ors of the said t-'ouiicil, and countersigned by the Clerk of the City, or on the Order in Writing of a Court of .Justice or Magistrate authorized by Law to make such Order. And bo it tiirthor ordained and enacted, That the Clerk, 'i'reasurer, and othei Officers of the said City appoiiUod by the Council as aforesaid shall rospectivcl} at siicli Tinios during their Contiiuianco in (Office, and within Three Months alter they siiall ris])ociivcly cease to bo in Office, and ii\ such Manner as the said Coimcil shall direct, deliver to the said Council, or to such Person as they shall autliorizo to receive the same, a true .Account in Writing of all Matters committed to llioir Charge by virtue or in piusuance ot this Ordinance, and also of all Monies wliicii shall have boon by thorn respectively ricoived by \irtMO or (i)r the I'lnjiosus of this Ordinance, and how nnicli thereof shall have boon paid and disbursed, and tor what Piu-poses, together with proper \'ouchers liir such Payments; and every such Officer shall jjay all such Monies as shall remain due from liim to the Trea.surer tor the Time being, or to such Persnu :is the said Council shall ;uithori/o to receive the same j ami if any such Officer ,>hall refuse or wiltlilly nogloct to dolivorsuch Account, or the \'ouchorsrelatin;i to tlio same, or to make I'aymenl as atiMosaid, or shall refuse or wiltidlv neglot't to such Person as tho\ shall authorize to to deliver to the said Council, or Kcoivothe same, within Three Days after being thereunto reijuireil bv the said Council, all Hooks, l)()cuments, Papers, and M'ritings in his Custodv'or Power a^ such ()ilioor aforesaid, thou and inexery such Case, on Comi)laint made on Dohalf of the said Council, by such Person as tlioy shall autliorizo tw that l*urpo>o, of any such Uot'usaror wilful Neglect as ati)rosaiil, to any .Justice of Iho IVaco liir the District or County wlioroiu muIi Officer shall reside or be, Mich .Iiisticeof the Peace shall bo and is hereby authorized and reipiired to issue a Warrant umkr his Hand and Seal li)r bringing any such Officer bet()ro anv Two Justices of t;,f IVaro ilir such Distiict or CoinUv ; and ui)ou the said Otlicer no! a|)i)ianng, or not being iound, it shall bo lawlul t;)r the said .Justices to hear and ilotormine the Matter in a suuuuarv Mannor ; and if it shall appear to such .lustiees that any Monies remain due 'trom su<'h Orlieor, such .lu.stices may and thoy iiw lutehy acthorizod and reipnred, on Nonpavmont thereol, I.;. W arrant tuulor their Hands and Seals to cause such .Monies to be levied b\ i)i;,tres, and .Sale of the Cioiids and Cliattels of such Officer ; and if -ufficiiMlt (.oods ami Chattof- >liall not be h)U!ul to .satisfy tin- said .Monies, and the (barges of the Distro-s, or if it sh.ill appear to sucii .Justices that such Officer has relu.sed or wiKuUy nogloclod n. diliwr such Account, or the \oucliors roialmg thoroio, or that any Hooks, Document., Pa|)ors, or M'ritin^s which were or are m the Custody or Power of >uch Otlicer in his otlicial Capacitv iijvo not been delivered as aforesaid, or are wilfullv withheld, then and in every Mich Case such .Justices shall and tliev are herebv reip.irod to connnit sucli Ollenilor to tiu- ( omnum (iaol or Ilouso of Conection for the District or ( ounty where sucli Officer shall reside or be, there to remain, without Hail, until lie shall have paid sueh .Monies as afi.iosaid, or shall have made satis- laction to the said ( o.nicil, oi until lie shall have dehverod a true Account as :.tores:u(l, together uith sueh \<.nela'is i.s ali.res.iid. m- until ho shall have dehverod 111) such Hooks, Doctime.its, Papers, and Wrifinirs, ,„ Ikuc -nven satislaction ni respect thereof to the said Council : i'ro- idoil always, timt no .'.l'"".. "''..'■?'"'"'"''.'' '''•'" ''.\'.!!-''''i"^'il ill Pnson li)r W.ml of sufficient Distress no than Throe Calendar Months: Provided Ordinance eontaiiied shall prevent or abriiJL'e tgamst any sucii Officer :.o ottending as albrcsaid, or Didy for a longer S))ace of ■I'ime tl also, that nothing in this any llemcdy bv '.\, liou &I AND SPECIAL COUNCIL OF LOWER CANADA. 79 or against any Surety for any such Officer, but the llenietl^ aHbriled by this Ordi- nance anil the Ucmedy by Action siiiili not be exercised ("or the same Cause. And lie it furtlier orchiined and enactoii, Tliat tiie Treasurer of the said City siiall, in Books to be kejjt f()r tiiat Purpose, enter true Accounts of ail Siun> of Monev by him ri'ceived am! jjaid as sucii 'I'rcasurer, and of the several Matters for wliich such Sums sliail have been received and |)aid j and tiie Hool containing tiie said Accounts siiall at all seasoiiable Times be o|)en to the Inspection of any of the Aldermen or Councillors of the said Cily ; and all the Accounts of the said Treasiuer, with ail Vouchers and Papers relating thereto, shall, in the Months of May and November in every ^'ear, be submitted by such Treasurer to the Auditors elected for the said i^ity as aforesaid, and to such Nimd)er of the said Council as the Mayor of the said City shall name, on the Pirst Day of Mav in everv Year, or, in case of any extraordinary \'acancy of Office, within Ten Days next after such Vacancy, for the Purpose of beiug examined and audited, from the Pirst Dav of November in the Year i)reeediiis>- to the Pirst Dav of Mav, and from the Pirst Day of May to the Pirst Day ui' November in the Year in which the said Auditors siiall have been elected and named ; and if tiie said Accounts shall be found to lie correct, the Auditors shall certity the same to be so ; and afier tlie said Accounts shall iiave been so examineil and audited in tiie Month of November in every Year, liie Treasurer shall make out in Writing, and cause to be printed, a full Abstract of Ins Accounts tiir the Year, and a Copy tiieieof shall be open to the Inspection oi all the llate-pavers of the said City, and Copii's tiiereof siiall be deiivereil to all llate-payers of the said City applying for tiie same, on Payment ol a leasonable Price for each Copy. And be it further ordaiiieil and eiiaeted, Tiuil in all Meetings ot tlie said Council to be lield in pursnaiiee of this Ordinance a Majority of the Members present at such Meetings siiall determine ail (Questions and Matters submitted to or under the Consideration of tiie Coimeil, provided liiat tiie Number present at the said Meetings be not less than One-tiiird Part of tiie entire Numlier ui Cwincillors omiposimi tlie said Coimcil; and at ail sueli -Meeinigs tlie Mayo, of the said Citv, if ' present, siiall iireside, and in case of his Absence sur i Mderman, or in tiie Absi-nee of all the Aldermen such Coimeillor, as tli ■ Members of the Coimeil so assembled siuill eiioose to be Ciiairmau (it any siie.i Meetings, shall preside at tiie same ; and in case of an iMiuality ol Voti-s tii • Mayor or Chairman presidiiiij; siiall have a casting \<«le. And be it liirther ordained and enacted. That there shall be m eiuii Vv.r Pour (Quarterly Meetings of the said ('ouficil. wlneii siiall be lield on tl:-- followiii-- Davi; tliat is to sav, on tiie Second Monday ot the Months ot Deeemiier. Marcli, .luiie, and September in eaeii and every \ ear ; and the viid Meetings .iiail not at aiiv One Time be held for a longer 1 erio.l ili.in i'hree successive Davs. in wliieli Sunday siiall not be mciuded. And be it further ordained and enacted, ■iliat it .iiall be lawful lor tli-^ Mayor of the said Citv to call a Special Meeting of the said ( omieil, wlun and as often as he may deem it i.ro|.er, at^er Three Days pnvious Notice thereof; and in case tile said Mayor slioiild refuse io er.ll any sucli Meeting, after a Ue.niisitioii for that I'urpose signed by Pive or mou Members ot !. ■ • lid Council, it shall be lawful for sucli Pive or more Members to 'all i Meeting of the said Council after Tiiive Days previous Notice, w uc i Notice shall smvity the Husiness f..r vvliicli the proposed .deetmg is to be lieu! uid shall be signed by the said Members ; and in al ( ases ol such ^penal Meetings as aforesaid' a Summons to atteiul the I mmcd, specitvmg tlie Ibisiners to be transacted at sncli .Meetings, and signed by the V' v < "'•'l'; shall he left at the usual I'iaee of Abode of .■very Member ot the said I onr.ci 'Ihree Days at least before siieh Mei'ting. . , ,, r And bo it further ordained and enacted. That Minutes o, the Proceedings of id Meetings to be held as aforesaid shall be drawn up. "";' -V : „ ed in a P^.ok to be kept lor that Purpose, and slia 1 be signed In t le Mmr Alderman, or Councillor i-residing at such Meetmg ; and the sa,d mS :.s > all be 01H.U to the Ins .e.liou of all Persmis • No. 1 1:(. Iiicuipor. City ;iiul Mciiilre:il (lini; I lit" iJI i 80 ORDINANCES PASSED BY THE GOVERNOR ' N.,.II9. Im (>r|H>ratiii^ (!ily and Tow Mi>iitrpiil. the II III' I ! ■fit I ' such and 80 many Coniniittees, consisting of such Nuinl)er of Persons as thoy may tliink fit, tor llu- hctter Transaction of the Husiness hdore siicli ( omicil, ami for the Discharge of sucii Duties witiiin tiie Scone of their Powers as may by the said (.oinicil lie prescriljcil, hut siihject in all tilings to the Approval, Autiiority, ami Control of the said Council. And he it further ordained and enacted, Tiiat it sliall he lawfid for the said C:oiincil of the said City, at a Meeting or Meetings of the siiid Comicil com- posed of not less than Two Thirds of the Menilicr> thereof, to make such Uye Laws as to them shall seem meet f()r the gooii ituie, Peace. Welfare, and (iovernment of the said City, and t(;)r raising, assessiug, and ajiplying sudi Monies as may be reiiuired tor the Execution of tlie Powers witii wiiich the said Council is hereby invested, and f()r inaintainu)g in the said City a good and efficient System " of Police, in such Manner as may by Law be i)rovii!ed, either by imposing Tolls and Kates to hi' juiii in res|)ect of any jiublic Works within the said City, or by means ot'a Kale or Assessuient to be assessed antl levied on Real or Personal Property, or both, within tlie said City, or upon the Owners or Occupiers thereof in respect of such Projierts, (provided that such Assessment shall not in any One Year exceed One Shilling in the Pound on the assessed Value of the Property lying and being williin the said City,) or by imposing a Duty or Duties on Sales by Auction, not in any Case to exceed One per Cent, on such Sales, to he paid by tlie Purchaser, and on the Keepers of Houses of public Entertainment, and the Ketailei> ot Spirituous Litpiors, and on Hawkei>, Pedlars, and Petty Chapmen, within the said City ; and to impose by any such Kye Laws such Fines not exceeding Live Pounds, and sueii Imprisonment not exceeding Thirty Days, as they may deem proper for eiitiircing the same. Provided always, and be it further ordained and enacted, I'hat a Copy of everv U\e Law to be made by virtue of this Ordinance shall be transmitted, with ail convenient Speed after the making thereof, to the(iovernor of this Province for the Time being; and it shall be lawful for the said (iovernor, by and with the Advice ot the L\ecuti\e Council of ttiis Province, within Three .Montlis from and after the Jieceipt of such Copy, to ilisallow any such Bye Law ; and such Disallowance >liall, without Delay, be signified to the .Nhiyor of the said City, and thenceti)rward such Bye Law shall he void and of no etiect ; I'rovided also, that all IKe Laws repugnant to any Law ot' tlii' Lain), or to an\ .Act ot the Legislature of this Pro\iiKe, nIuiH be null and voiii. And be it liiither ordained and enacted, 'i'hat all ami exery the Powers and Authorities which in and by any ot'the .\cts ot the Legislature of this Province, and in ami by any Ordinance or Law in fiirce in this Proviuc-e, have been and are vested in the Court of (Quarter Sessions of thi' Peice tor the District of Montreal, and in any Special Sessions ot' the I'eace tiir the same District, and ill the .histices of the Peace tiir the >aiil District ot' .Mmilieal, or any of them, for, touching, or concerning the laung out, making, erecting, keeping in repair, and regulating tlie Highways, liridges, Streets, Scpiares, Lanes, Causeways, Pavements, Drains, Ditches, Linbankmeiits, Watercourses, Sewers, Market Houses and Weigh-houses, and other public Erections and Works in the said City of .Montreal, or any ot' them ; and tin, tniiching, or conci'iiiing the dividing of the said City into Divisions, ami the Ajipoiiitmeiit ot ( )\iTseers ot' Higliwavs, Streets, and Bridges in the said ( it\ ; and fiir, loiicliiiig, .mil coiiceriimg the laying, imposing, raising, levying, collectmg, applying, jiaviiig. ami accounting tiir a Kate or Kates ot Assessment ciioii Occupier> ot I..niils, Lots, Houses, and Buildings, in proportion to the annual Value thereof, within the said Citv of Montreal; and fiir, touching, or coiicerniiig the making nf Kules and Kegii- lutioiis of Police within the said City ot' .Montreal ; ami tiir, touching, and coii- cvining the making of Rules and Regulations to restrain, rule, and govern the .■Vpprentices, Domestics, lured Servants, and .lourneMiieii, ami \or the Conduct ot .Masters and -Mistresses towards their said .Apprentiies. Domestics, hired Servants, and Journeymen, within the said City of Montreal ; and f(>r and touching the raising, receiving, .Appropriation, and Appruatioii of aiiv public Monies, by Assessment or otherwise; wiiliin the said Citv; and Uir, toudiing, or concerning the Improvement, Cleanliness, Health, iiiteiii.il Ecouoinv. and local (iovernment ot the said City of .Montreal, shall, from ami after the pjissing of this Ordinance, become and be vested in and exercised bv the said Council u;'tiie oaid City of Montreal. i'rovided AND SPECIAL COUNCIL OF LOWER CANADA. fil I'rovidoil iilways, and be it further ordained and enacted, Tiiat all and every the Uuies, Ordirs, Uo'nilations, ii N(.. U!). Inoor|)or;iliti;; llw ; ( iiv aiidTown "I ■\cts of Antlioiity t()r, toiieliinf'-, or con- cerninj^ the several Mutters in the next precechn^' Section of tiiis Ordinance _ which may he in tbrce at the Time of the jjassing of this (Ordinance, sliali M„ntreal continue, he, and remain in full force and virtue until the same siiall he •.^— resciniled, rejiealed, or ahered l)y tiie said Council of the said City of Mont- real, under tiie Autliority of this Ordinance, or hy other coinpetent legal Authority. And he it further ordained and enacted, That all and every the piihlie Monies raiseii hy Assessment or i.thersvise in the said Ci'y of Montreal, which at the Time oi' the jjassing of this Ordinance shall he in the Hands ol' the Road Treasurer of the said City, ami all Monies whieli shall he duo or ))ayal)le on account of any Assessment or Composition t()r Statute Labour, or t()r the Use of the said City, and all Monies appropriated bv Law t()r the watching aiul lighting of the said City, and aU Ileal and I'ersonal I'roperty within tlie said City now subject to the Management, ("ontrol, or Auihority of the .Justices of the Peace for the said District of Montreal, or any of them, and all and every the Books of Assessment, Uecei])ts, Accounts of the Treasurers and Road Trea- surers of the said City, Plans, 'I'itles, Documents, and Papers relating to the saiil City, ami of a public Natiue, shall, from and at\er the passing of this Ordinance, become and be subject to the Power, Authority, Order, and Con- trol of the said Council of the said City, and shah be paid and delivered up by the Officers anil Persons in whose Custody or Possession they may now be, to .such Person or Persons, ami at such Time anil Times, and in sucli .Manner, as by the said Council mav be ordered and directed. Pro\ided always, anil be it further ordained ami enacted, That all and every the public Monies raised or to be raised by .'\s:iessmeut as ati)resaiil, and all Monies due and |)ayable as aibresaid, as well as all other .Monies hereafter to be raiseil by and under the .Vuthority of this Ordii. nice, shall be charged and chargeable with the Debts whicii have been legaily contracteil by the late Corporation of the City of Montreal, and remain diie and uni)aid, and with the Debts, Sum and Sums of .Money, wiiich have been or may be incurred and become payable from and out of the public .Monies raised or to be raiseil for ])ublic Uses within and tiir the said City and Town of Montreal, or either of them, under the Provisions of Law in this Helialf made, or by or under the Anthoritv of the .lustices of the Peace for the District of .Montieal, or any of theai ; aiul all such Debts and Sums of .Money shall be payable tVoni and out of' the Monies aforesaid. And be it further ordained and enacted, Thaf it shall not be la\\tul for tiie said Council of the said City of Montreal to borrow on the Credit of the said t'itv at One Time any .Sum or Sums of .Money exceeding the .\ggiegate Amount of the Revenues of the siiid City lor I'ive Years, nor shall any Sum or Sums of .Money be so borrowed while the said City shall he in Debt to sueii Aggregate .Vmouiit, unless the saidCoimiil shall be authori/.ed in this Relialf by an Act of the Legislature of tliis I'lovuice. And be it further ordained and enacted, Tliat so nnich of a certain Act lassed 111 the Thirty-sixth Year of the Reign of His late .Majesty King (ieorge l hiiil, intituled'" .\n .\ct f()r making, reiiairiiig, and altering the Highways and Ibiiiges within this Province, and f()r other Purposes," as |)rovidfs tor the .Appoiiitiiient of .\ssi"-,sois and ot a Road Treasurer t()r the said City of .Mont- real, and also a certain .\et of the Legislature i.f this Province parsed in the Ninth Year of the Reign of His late .Majesty King (ieoige the I'oiuth, intituled " An .Act to increase the Number of Assessors for the Cities ot' (Quebec and .Montreal," and also so much of a certain other Act of the Legislature of this Province passed in the Thiity-mnth Year of the Reign of His late .Majestv King (JeorgM the Third, intituled " .\n .Act to amend an .Act jiassed in the 'i'hirty-sixth Year of His present .Majesty's Reigii, intituled 'An Act fiir making, repairing, and altering the Highways ami Hridges within this Province, and ftir otiier Purposes,'" as inovides ti)r the .Appointment of a Surveyor of Highways, Streets, Lanes, and Rridges in the said City of Montreal, hy the (Mnernor, Lieutenant Oovernor, or Person administering the {iovernnient ot 'if iiassing of this and everv the P( L " Duties Jia: the this Provmce, shall, fiom and alter the nassing of this Ordinance, be and the same are hereby repealed; and all and every the Powers, Authority, aitd (4.) 82 ORDINANCES PASSED DY THE GOVERNOR Ull I 1 '!,'!* N K«. DO. liiccir{mr!iliii|( (he City hikI I'owii iiI' Momrf.il. Duties which in ;»nd by tiic said Acts, and any other Act or Acts of the Logis- laturo of this Province, were anil are vested in and imposed on the said Assessors appointed or to lie appointed in pnrsiianee iif the i'rovisions of the said Aet passed in the Thirty-sixtli Year at()resaid, and the Powit and Unties of the said lloail Treasurer and of the saiii Survi'Nor of Ili^'hways, Strtets, ami Bridges hi the said City, appointed or that niiifht be appointed under the said Aet passed in the Thirty-sixth Year aforesaid, shall, from and atUr the passinjf of this Ordinaiiee, become ;iiul hv vested in and imposed on the Assessors to be electeil and ajipointed in pms'iaiice of tliis Onhnanee, aiui on the 'iVeasiner of the said City, and on the Surveyor <>f llifjhways for the said City of Montreal, to be appointed under tiie same Authority nspeetively. I'rovided always, ami be it further ordained and enaefed. That nothini; in this Ordinance conUiined shall extend or be construed to extend to the llejieal of any Law, or the Provisions of any Law, conterriiij; Power or Authority on the Court of Quarter Sessions li)r the Distiut of Montreal, or on the .Justices of the Peace tor the said District, or any of them, louciiinj; or in respect of all or any of those Parts of the Paiisli of .Montreal not comprised in the City and Town of Montreal, and that all such I'owur and Authoritv shall continue to subsist in respect of such Parts ol' the >aid Parish ami the Inhabitants thereof as if this Ordinance had not been passeil. And be it further ordained and enacted, 'i'liat a ciTtaiu Ordinance made and passeti by the (Jiovernor of this Province, by and with the Advice ami Consent of the Special Council tor the Atliiirs thereoti in the St-cond Year of' Met Majesty's Keign, intituled "An Ordinance to suspend t()r a limited Time certain Parts ot'Two Ordinances tlierein mentioned, as far as the same relate to the City of Montreal, and to establish a Sdciety therein for preventing Accidents by Fire," and all and singular the Pro\isions therein contained, and also so much ot' a certain Ordiname made and passed by the Captain (ieiural antl (iovernor in Chief t)f the late Province of (Quebec, by and with the Advice and Consent of' the Legislative Council of the said Province, in the Siventee'iitii Year of the Heign of His late Majesty King (ieorge the Third, intituled " An Ordinance tiir preventing Accideiitshy Fire," as vests in tlie( iovernor. Lieutenant (iovernor, or other the Commaiidi'r in Chief of the said Piovince, the I'ower of ajipointing an Overseer to prevent Aceideiits by Fire in the saiil City of Montreal, shall, at the Fxpiratioii of Nine Calendar Months tidm and afn-r'the passing of this Orilinaiue, be ami remain repealed ; and theneefiii ward it shall be lawtiil tin- the said Council of the said City of Moiitieal, tiom 'lime to 'I'inu- and as Oi'casion may reniiire, to appoint a tit ami pmper Person, not being a Member of the said Council, to be an Overseer to jnevent Accidents by Fire in the said City of Montreal, and at their Pkasure to revoke such Appointment, •md appoint another Person to be such Overseer as ali)resaid ; and all and every the Powers, Authority, and Duties which in and bv the said 1 istnu utioned Ordinance, ami any oilier Oniiiiance or Law in lince in this Province, were and are vested in and imposed on the Olliee of Overseer lo prevent Accidents by Fire in the said City of Montreal shall becimie and be vested in and imposed on such Overseer to be appointed by the '..ud Council in pursuance of this (Ordinance as aforesaid. Aiul be it fiuther ordained ami eiiaetetl, That every Otiicer who may be in or entitled lo any Olliee at the 'link' of the passing ot' this Onlinaiice' under Appointments by the KxeMiiive Cioveininenl of this I'rovinci, to which Office by the Provisions herein eontaiiuil the Power of' ,\ppointinent is contbrred on the Council of the said ( ity, and which Ofiice shall be abolished, or who ,hall not be continued in Office after the passing of this Ordinance, shall be entitled to a rea.sonable Compensation, to he assessed by tin- said i ouncil, and \yMd out of tiie Funds of the said City, fbr the Salary, Fees, and Kmohiineiits of the Office which he shall so cease to hold; and iii case the Person claiming such Com- pensation should think himself aggrieved by the Determination of the .s.iid Council on his Claim, it shall he hiwful fi)i- him to apjily tiir and obt.nn a Revision of such Detenninatioii by the (iovernor of this Province in Council, who shall thereunon make such Oider in Council as to him shall seem just, winch (Jrder shall be binding on the Parlies respectivel\. Provided always, and be it further ordained and eiiacted. That nothing in this Ordinance contained -hall extend or be construed to extend to revoke, alter. AND SI'KCFAl, C'OMNCII. OF fOWER TANADA. Hi alter, aliiiiljji', or in any Manner a(H'ct the I'owerj* and Authority now hy Law vcstt'd or which may iici al\ci Ix; vestcil in thi- Mastor, Deputy Master, and Uardi'ut oftiiv 'ninity House (if Montreal, or in the ConimiHsioners ai)|W)inte(l '"' or to be appouited for the Kxecution of ,li\ers Acts and Ordinances of the \ll LeK"*lalnre of tins i'rovuue, relatinir to the Improvement and KnlarRenient o( the Harhour of Montreal, or any of them, or in the CommisNioners appointed or to iie apppointed (()r niakinir, sni)erintendin^;, repairing, and improving; the Lachuie Canal, nor to the Wharves and Slips erected and to be erected by the Haul (irst-mentioned (omnii.Nsioners, nor to the Wharves and (irounds under tht Direction of the said last-mentioned Coimnissioners. Provided also, ami be it further ordained and enacted. That nofhinjf in thin Ordinance contained shall in any Manner ,'ate (ioni or aHect, or be con- strucil to dero)?ate from or aliict, the Uighis of Her Majesty, Ilcr Heirs or Successors, except in so (in- as the siime may be specially "aHected bv the I'rovisions of this Ordinance. .\nd be it further ortlained and enacted, Ihat the Words "(Jovernor ol this Province," wherever ihey occur in the said Kuactments, are to be understood as nieaniiig and compiehendin^' the (iovernor or I'erson authori/ed to execute the Commission of (iovernor uithin this Province titr the Time being. And be it tiuther ordai. 1 and enactetl, J'hat this Ordinance, and the Pro- visions herein containi.'d, sliuil not cease or ex|)ire on the First Day of November which will be in the Year of our Lord One thousand eight hunched aiul tbrty- two, but shall be and remain a permanent Law, and in ttdl Force, until the siiine shall be repealed or alteml by compitent Legislative Authority. .\nd be it liutlicr ordaiiieil and enacted, That this Ordinance shall be held and t^iken to be a Public Act, ami shall be juiiicially taken notice of and have the Ett'ect of a I'ldilic Act without being specially pleaded. (Signed) C. Poui.ktt Thomson. Ordained and enacted by tlii' Authority atinesaid, and passed in Special Cuinicil, iiii.li'i the (ireat Seal of the IVovince, at the Govern- ment House in ilie City ot' Montreal, the Tsventy-tifth Day of Jiiiu', in the Fourth Year of the Reign ol our Sovereigii Lady X'ictoria, by the (Jraee of (lod of (ireat Hritaiu and Ireland (jueen. Dett'iider of the Faith, and so ti)rth, and in the Year of our Lord One thousand eight liiindretl and tbrty. liy his Excellency's Conunaiid. (Signed) W. \\. LisDs.w, ( lerk Special Council. I lnTt-liy oiriilv tin prictdiiii; lo \>v :\ liiif ','ii|)v of nil Ordiiian™ pajkifd liy llu! tJ.iViTiior et' llio I'roviiici' i)i' I.omi'I- ('iiiiii(I:i. by iiiul Willi tlie Aili'i-o iiml t'(:i>."iil <)(' ilir Spioinl C'lmiicil tin- llir AlVniis dI' till' snul i'niiaicc, oil tin' 1 wciilv-liltli l)iiy ot .liiiic One tlioiisaiiil ('li>lil l.iimlrcd :iiij forty, iiiiil in tin; I'oiiitli Vrar of IIii Majoty's Ufi^ii. {.Signi'il; W. H. Lindsay, C'li'ik Spiciul Conncik N.I. It!». ii^inrilin;; lit ' .iiid 'I'liwu nf iIiimI. f. (Copy.) .No. l.iO. No. l.'iU. An Ordiiuinrr to intoii>:>riilf rertaiii Prrsoiis tlwrrin mrntionrd, ntulcr liHiir|).ir!iiiiig ilie lliv Name of " Tlir Montreal Firr As.virdmr Cnupon,,." ^i^!!^^^J^ [Passed , Mb .hme ISK).] "'•""^ """"'"• oiii|i: Whkukas the lvshil;!i.'liiiu!it of a Fire Assurance Company at the (Jity of Montreal bv Li'i.;i.^lulivc Aiillnaity would be coiuliicivc t<) the AdvaiKemunt of Coiiiinorce, Uiul jiruinole tlie Prosperity of the I'rovince ; And whereas divers loyal Subjects of Her ?»laiesty in tins Province, by their humble Petition in this Hehalf, have represented" that an Association hath been t'ormed, in which tliev have become Subscribers and Stockholders, tor the Purpose oi establishing ■ (4.) L 2 a Fire il ^> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 Ui 12.2 1.4 2.0 1.6 W^ ^ 0^ 7 /iS^ 0/1 Photographic Sciences Corporation f^ ^\^^ o *%" 23 WE. 'T MAIN STREET WEBSTER, N.Y. MSBO (716) 872-4'>03 ~-f. 84* ORDINANCES PASSED BY THE GOVERNOR No. ISO. liiC(ir|)oratiiig llic Monlreal Fire As- sumiice Coni|)!»iiy. a Fire Assurance Company at the said City of Montreal, to carry on the Business of Assurance against Loss by Fire witiiin this Province, under cer- tain Articles of Agreement by whicii the Capital Stock of the siiid Association is limited to the Sum of Five hundred thousand Pounds Current Money of this Province, divided into Ten thousand Sliarcs of Fifty Pounds each, with Power to commence the Business of Assurance as soon as One hundred thousand Pounds of the Capital Stock shall have been subscribed for, and that the said Sum of One hundred thousand Pounds lias been already subscribed for, and is held by them ; and have prayed that, for the effecting of the Purposes of their said Association, they, tiieir Successors and Assigns, may be incorporated under certain Regulations and Provisions ; 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 Attairs of the said Province, constituted and assembled by virtue and under tlie Authority of an Act of tlie Parliament of the United Kingdom of Great Britain and Ireland passed in the First Year of tiie 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 certiin other Act of the same Parliament passed in the Session held in tlie Second and Third Years of the Reign of Her present Majesty, intituled " An Act to amend on Act of the last Session of Parliament for making temporary Provision for the Government of Lower Canada," and it is hereby ordained and enacted by the Authority of the same, and by virtue of the Powers in tiiem vested by the said Acts of Parliament, That William Lunn, James Ferrier, John Mathewson, Kay, White- head and Company, John Redpath, Kidd, Cormack, and Com))any, Janies Smith, Duncas Fisher, John Molson, William Murray, Austin Cuvillier, ,Iohn E. Mills, Oliver Bostwick, R. Latham, A. Cialt, J. Miller, John Black, W. and S. Phillips, Adam Ferric, A. H. \'ass and Company, William Greig, Joseph Masson, Tobin and Murison, Robert Graham, Joseph Frtser, Mathewson and Rattray, Hugh Mathewson, Robert Armour, William .Vatson, William Dow, John Dougall, Robert Froste, Moss Moses, John Torrance and Com- pany, Robert Kirkwood, Moses Hayes, S. Milligan, Thomas Jenkins, James M. Blackwood, Samuel Mathewson, William Workman, Murray and Sander- son, Thomas Mussen, John Mack, Alexander M'Gowan, Henry Myer, J. Rattray, John Orr, M. M'CuIloch, Joseph N. Hall, Francii Rasco, Walter Benny, C. H. Castle, F. MuUins, William M'Intosh, James Scott senior, W. P. Smith, Archibald Hume, Richard Hall, James Thompson, James Connell and Company, Howard and Thompson, Henderson and Hooker, George Savage and Son, John Try, Isaac Valentine, Robert Camp- bell, Henry Dyer, Carter and Cowan, C. Ilackett and Comj)any, Colin Rus- sell, J. G. M'Kenzie, Stanley Bagge, D. P. Ross, J. Glemion, George John- stone, Hugh Brodie. Joseph M'Kay, John Smith, George D. Watson, James Joseph Shuter, William Bradbury, William Ritchie, R. Watkins and Company, and M. Ramsay, and their several and respective Heirs, Executors, Curators, Administrators, Successors, and Assigns, shall be and are hereby ordained, coiistituteil, and declared to be a Corporation, Body Corporate and Politic, by the Name of "The Montreal Fire Assurance Company," and shall so contniue and have Succession till the I'irst Day of May which will be in the Year of our Lord One thousand eight hundred and eighty ; and shall and may by the saiil Name be cajiable in Law to sue and be sued, implead and be impleaded, answer and be answered, defend and be defeniled, in all Courts ami Places whatsoever ; and shall also be able and capable in I^w to piuchase, acqjire, hold, and enjoy, and retain to them and their Successors, Lands ami lenenients, real or immoveable Estate, for the convenient Conduct and nianagmg of the Business of the said C - -noration, and for no otii !>oration, AND SPECIAL COUNCIL OF LOWER CANADA. 85 N.'. IJO. poration, either to secure the Payment of the Share of the Capital Stock thereof, or to secure the Payment of any Debt which may be contracted with the saul ,„,o,,,„„„i„. ,i,t. Corporation, anJ may also proceed on the said Mortgages and other Securities Momrenl Fire As. for the Recovery of the Monies thereby secured, either at Law or in Equity, sunince com|wny. or otherwise, in the same Manner as any other Mortgage is or shall be autlio- rized to do : Provided always, that it shall not be lawful tor the said Corporation t.) deal or use or employ any Part of tiic Stock, Funds, or Momes thereof in buving and selling any Goods, Wares, and Merchandizes, or in Traffic, Irade, or Commerce of any Kind, otherwise than herein-before specified and permitted, but nothing herein contained shall extend to prevent the said Corporation from investing in Bank Stocks or public Securities in this Provmce the Amount ot Capital Stock paid in, or such Portion thereof as it shall be deemed advisable by the Directors so to invest; and the said Corporation may have a Common Seal ; and may change and alt«^r the same at their Pleasure ; and may also, from Time to Time, at any General Meeting of the Stockholders, and by a Majority of the Votes given at such Meeting, ordain, establish, and put in execution Bye Laws, Ordinances, and Regulations, (the same not being contrary to the present Ordinance or to any Laws in force in this Province,) as may appear to them necessary or expedient for the Management of the said Corporation, and may from Time to Time alter and repeal the same, or any of them ; and my by such Mnioritv as aforesaid, elect and choose such Directors and other Officers, and vest in them such Powers, as to such Majority shall seem meet and right for the Purposes aforesaid, but the Directors appointed or to be appointed before any such CJaieral Meeting shall be held shall remain in Office until Directors shal be elected at some such General Meeting ; and such Bye Laws, Ordinances, and Re-nilations shall be made by the Directors already appo/fed or who may be hereafter appointe.l, and shall be submitted to the Stockholdei^ of the said Conioratiou for their Approval and Confirmation at a General Meeting called for that Purpose, to be held in the Manner herein-after mentioned, or at ay General AnnualMeeting; and the said Corporation shall and "i^X '}<>J^J execute by the Manner :dbresaid all a.ul singular other the Matte s and Plrngs 'ouching the Management of the Business of the saul Corporation winch o them slfall or may appertain to do, subject nevertheless to he Rules, Regu- lations. Stipulations, and Provisions herein prescribed and establisiied. And be \t fiuther ordained and enacted by the Authority aforesaid. That the Capital Stock of the said Fire Assurance Company '^f ^^^X .'"^«'J^"[»^fi " ' Sbhshed shall not exceed the Sum of Five hundred thousand lou i. Current Money aforesaid, divided into Ten thous^md ^'>f ?,^ «j,J''^f/~, each, which Shares shall be and the same are hereby vested in the aid se era Persons herein-before named, their Successors and Assigns, and in t^ose o he. Persons who shall or may hereafter become Stockholders ni the ^•!'^'^« P« ■itir iccordin- to the Shares and Interest which they may respectively have sSiSeT diased. or acquired and may have in t >e same ; and ha s d. Put of the aid Sum of Five hundred thousand Pounds subscribed for as may no hve Leu paid in by the Stockholders respectively by whom the same i. Te Idl be 1 y tlfe said Stockholders by such Instalments and at sue ' and °,ll t«u,.>rs, C,.n„o,., „,.l A.lminUm,.„„ who s all pay UJ^ *= or who shall be a Subject ot any roie.s.- • ■.'""^ "VT^^^^i^Anv shall vote at any ir of the said MocK loiaeis loi mc i m .^^^ ". - •-— .c .„., L. g oi iiiL saiu )rdin mees. or Recu atious to be made 86 ORDINANCES PASSED BY THE GOVERNOR Nr. 130. liicurpiirHliiig the Montreal Firu As- •uratiire Conipniiy. such Stockliolders, or sliall vote for any other Purpose or Purposes whatsoever, any thing herein contained to the contrary notwitlistanding. And be it further ordained and enacted by tlie Authority aforesaid, That tiie Number of Votes to which each Stockholder or Stockliolders, Copartnership, Body Politic or Corporate, holding Stock in the said Corporation, shall be entitled, on every Occasion when, in conformity to the Provisions of this Ordi- nance, Votes of the Members of the said Corporation are to be given, shall be in the Proportion following ; (that is to .say,) for One Share and not more than Two, One Vote ; for every Two Shares above Two and not exceeding Ten, One Vote, making Five Votes for Ten Shares ; for every Four Shares above Ten and not exceeding Thirty, One Vote, making Ten Votes for Thirty Shares; for every Six Shares above Thirty and not exceeding Sixty, One Vote, making Sixteen Votes for Sixty Shares ; and for every Eight Shares above Sixty and not exceeding One hundred. One Vote, making Twenty Votes for One hundred Shares ; but no Person or Persons, Copartnership, Body Politic or Cor- porate, being a Member or Members of the said Corporation, shall be entitled to a greater Number than Twenty Votes. Provided always, and be it further ordained and enacted by the Authority aforesaid, Tliat the said Corporation shall not commence or carry on the said Busniess of insuring against Loss by Fire until a Sum equal to at least Ten per Cent, on the Amount of the Capital Stock of the said Corporation then sub- scribed for (which shall not in any Case be less than the said Sum of One hundred thoustmd Pounds, being the Capital Stock of the said Corporation to be subscribed for as aforesaid before they commence their said Business) shall have been paid up, and shall be in the Hands of the said Corporation, and at their Disposal; nor shall any Policy of Insurance be at anv Time opened or renewed by the said Corporation unless a Sum equal to at lea«t Ten per t^nt. on tlieir Capital Stock then subscribed for, after paying all lawful Deniands on them, shall be then paid up, and in their Hands and at their Dis- pcsal as aforesaid ; and for each and every Offence against tiie Provisions of tins Section the said Corporation shall be liable to a Judicial Forfeiture of their Corporate Capacity, Rights, and Privileges, according to Law, And for the better Security of the Public, be it further ordained and enactetl l.y the Authority aforesaid, Ihat it shall and may be lawful for the Governor Lieutenant Governor, or Person administering the Government of this Pro' vince for the Time being or for any or either Branch of the Provincial larliament, from Time to lime to require fiom the President, Vice President and Directors of the sjiid Corporation Lists of the Names of all and each of the Stockholders who hold Shares in the Stock of the said Corporation and a Statement or Account of the Assets and Liabilities of the said Corporation mentionuig more especially the Sum or Amount then paid up, and in the Hands and at the Disposal of the Corporation ; which Lists, sStement, and Accoun the said President. Vice President, and Directors shall be bound to furnish, when required as aforesaid, upon Oath. f "^'^ be it further ordained and enacted by the Authority aforesaid. That tne Stockholders who have now subscribed or those who mav hereafter t^ 1 I' '""' PJ^^' ^^'^ "*■ ^'"' '"'■^ Corporation shall not in aSj Manner whatsoever be liable for more than the Amount of Stock for which he or they shall have respectively subscribed his or their Names. And be It further ordained and enacted by the Authority aforesaid. That nothing herein contained shall affect or be construed to affect in any Manner or Way the Rights of^Her Majesty. Her Heirs or Successors, oV^Lp^n ,,.''^]^ »^ further ordained and enacted by the Authority aforesaid. That his Ordinance shall be deemed a I'ublic Ordinance, and shall be^udca y taken notice of as such by all Judges. Justices of the Peace, and othei pWs whomsoever, without being sjiecially pleaded. And be it further ordained and enacted by the Authority aforesaid. That this Ordinance shall not expire on the First I)ay of November One thousand eight hundred and forty-two. but shall remain In full I^Vce and EffSunS the first Day of May One thousand eight hundred and eighty. (Signed) C. Poulett Thomson. Ordained AND SPECIAL COUNCIL OF LOWER CANADA. 87 Ordained and enacted by the Authority aforesaid, and passed in No. Lio. Special Council under the Great Seal of the Province, at tlie ^^^^^^ ~~ ^,1^. Government House in the City of Montreal, the Twenty-fifth Day MomrCTl"F?re As- of June, in the Fourth Year of the Reign of our Sovereign Lady suraiice ( ompauy. 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. (Signed) W. B. Lindsay, Clerk Special Council. I hereby certify the above to be a true Copy of an OrdiiiRnce paased by the Governor of the Province of Lower Cr .mda, by and with the Advice and Consent of the Sjiecial Council for ihe AfTuirs of the said Province, on the Twenty-fifth Day of June One liiousand ♦■ight hundred and forty, and in the Fourth Year of Her Majesty's Keign. (Signed) W. B. Lindsay, Clerk Special Council. (Copy.) No. 151. No. 151. ling I Works. An Ordinance to amend and render permanent the Ordinance establishing Anitnding the a Board of Works in this Province. [Passed 25th June 1840.] Ordinance estab- ■^ lishing a Board of Whereas it is expedient to amend, and render permanent as amended, the Ordinance herein after mentioned ; be it therefore ordained and enacted by Iiis Excellency tiie CJovernor of this Province of Lower Canada, by and with the Advice and ' • nsent of the Special Council for the Affairs of the said Province, constituted and assembled by virtue of and under he Authority of an Act of the Parliament of tiie 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 tiio Session held' in the Second and Third Years of the Keign of Her present Majesty, intituled " An Act to amend ^ Act of the last Session of Pariiunient for making temporary Provision for the Government of Lower 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 the Board of Works established by the Ordinance of tiie Governor of this Province, and of the Special Council for the Aflairs thereof, pa-ssed in the Second Year of Her Majesty's Reign, J'nd intituled " Ati Or- dinance to establish a Board of Works m this Province," shall consist of such and so many Persons or Officers, not exceeding Five in Number, as the (jovernor. Lieutenant Governor, or Person administering the Government of this Province, shall iiave appointed, or shall liereafle- from Time to Time ikppoint, to be Members of the Siiid Board, any tiling in tlie said Ordinance to the contrary notwithstanding. And be it furtiier ordained and cn.icted by tiie Autiiority afbreseid, Tiiat tiie Chairman of tlie said Boaril sliall receive a yearly Salary, and his actual Dis- bursenientsand travelling Expenses when away from liis usual Place of Residence on the Business of tlie Board, and shall devote his whole Time to the Business of his Office, and shall not hold any other Place of Profit under the Provincial (iovernment, or exercise any other Profiession or Calling, while he shall be such Chairman, any thing in the said Ordinance to the contrary not- witlistanding. , And be it further ordained and enacted by the Authority aforesaid, iliat so much of tlie said Ordinance as provides that any Two of the Members and the Chairman of the Board of Works shall be a Quorum, and so much of the said Ordinance as retjuires tlii.t all Writings and Documents, and the Certificate of (4.) L 4 the No. 151. Amending the Ordinance esWb- lisliini^ a lioiud uf Work.. 88 ORDINANCES PASSED BY THE GOVERNOR the Chairman, shall be countersigned by the Secretary, shall be and are hereby repealed, and shall have no Force or Ettect in Law. And be it further ordained and enacted bv the Authority aforesaid, Tliat this Ordinance, and the said Ordinance intituled " An Ordinance to establisii a Board of Works in this Province," as licreby amended, shall be and are hereby made permanent, mid shall remain in force until repealed or altered by competent Authority. (Signed) C. PouLETT Thomson. Ordained and enacted by the Authority aforesaid, and passed in Special Council, under the Great Seal of the Province, at the Government House in tiie City of Montreal, the Twenty-tifth Day of June, in the Fourth Year of the Reign of our Sovereign Lady "Victoria, by the Grace of God of Great i3ritain 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. (.Signed) W. B. Lindsay, Clerk Special Council. 1 liereby certify the above to be n true Copy of nn OrJinnnce passed by the Governor of tlie Province of Lower Cmndn, by nrid witii the Advice and Consent of the Specinl Council for ihe Affiiirs of tlie said Province, on tlie Twenty-fifth Day of June One thousand eigiit liundred and fui'ty, and in the Fourth Year of Her Majesty's lleign. (Signed) W. B. Linusav, Cleric Special Council. (Copy.) So. 15'.'. Extmptiiig Olficers i>l ihe Army from Payment ol a cer- t»inl(,ne in Quebec ;ind Montreal No. 152. An Ordinance to exempt certain Officers of Her Majenfij's Army from the Payment of the Rate or Assessment therein mentioned, in the Cities of Quebec and Montreal. [Passed '25th June 1810.J Wheueas in and by a certain Act of the Legislature of this Province passed in the Thirty-ninth \ear of the Ueign of His Majesty King George the Third, and intituled " An Act to amend an Act passed in the Thirty-sixth Year of His present Majesty's Reign, intituled ' An Act for making, repairing, and altering the Highwrays and Bridges within tliis Province, and for other Purposes," it is, among other things, in etfect enacted, that there siiall be paid to the Road Trea- surer of the Cities of Quebec and Montreal respectively, on or before the First Day of Jtily in every Year, by every Person keeping a Horse or Horses within the aforesaid Cities, for er.ch and every Horse (Colts excepted) that any such Person shall keep, the Sum of Seven Shillings and Sixpence, and that the Pay- ment of the said Sum shall be held and taken instead of the labour or Composition Money required for every Horse by a certain Act of the said Legislature passed in the Thirty-sixth Year of tlic Reign af()re:iaid, and intituled " An Act for making, repairing, and altering the Highways and Bridges within this Province, and tor other Purposes :" And whereas by the Act first above cited it is provided that no Duty shall be required or received for any Horse or Horses kept by any Officer of any Regiment or Part of a Regiment or Corps in Garrison in the Cities of Quebec and Montreal for the Time being, unless that any such Officer be upon tlie Staff of tiie Armj' serving in this Province, or upon the Staff of the Garrison : And whereas it is expedient and right that such Officers of the Staff of the Army or of the Garrison should be exempt from the Payment of such Duty, in like Manner as other Officers of Her Majesty's Army in Garrison in either of the saiil ('ities are exempt, subject to the Limitation Jierein-afler provideil : Be it therefore ordained and enacted bv his Excellency the Governor of this Province of Lower Canada, by and witK the AND SPECIAL COUNCIL OF LOWER CANADA. 89 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 i.;,enii)iiZ"or«cers Act of the Parliament of the United Kingdom of Great Britain and Ireland of ihe Army from j)asscd in the First Year of the Reign of Her present Majesty, intituled " An Puvment of acer- Act to make temporary Provision for the Government of Lower Canada," and '''" Khw"" Quebec also by virtue and under the Authority of a certain other Act of the same "" '^""'^*°'- Parliament |)assed in the Session held m 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 it is hereby ordamcd and enacted by the Authority of the said Acts of Parliament, That from and after the passing of this Ordinance no Duty shall be required or received, under the Act of the Provincial Parliament herem first above cited, for any Horse or Horses kept by any Officer upon the Staff of the Army serving in this Province, or upon the Staft of the Garrison in either of the Cities of Quebec or Montreal, not exceeding the Number of Horses for which such Officer is entitled by the Regulations for Her Majesty's Army to draw Forage, nor shall any Labour or Composition Money be required or paid for any such Horse or Horses under the Act of the Provmcial Legislature herein secondly above cited ; any thing in the said Acts of the said Provincial Parliament to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That this Ordinance shall be and is hereby made permanent, and shall remain in force until repealed or altered by competent Authority. (^Signed) C. Poulett Thomson. Ordained and enacted by the Authority aforesaid, and passed in Special Council under tiie Great Seal of the Province, at the Govern- ment House in the City of Montreal, the Twenty-fifth Day of June, in the Fourth Year of tlie 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. (Signed) W. B. Lindsay, Clerk Special Council. I liereby cerlity llie above to be a true Copy of an Ordinance passed by the Governor of tlie Province of Lower Canada, by and with the Advice and Consent of the Special Council for tlie Affairs of the said Province, on the Tweniy-fifth Day of June One tlioii- sand eight hundred and forty, and in tiie Fourth Year of Hec Majesty's Keign. (Signed) \V. H. Lindsay, Clerii Special Council. (Copy.) No. 153. N,.. I. -.3. An Ordinance for making a Railroad from the CiVy o/' Montreal to the MaliinL' a Railri>.iil Province Line at or near Point a Beaudet. [Passed 25th June 1810.] J™!^, ^l";;;;';',,"'; Whkueas it is expedient to aftbrd Facilities for the Transport and safe Con- \eyance of Passengers and Goods between the Two Provinces of Upper and Lower Canada : And whereas the several Persons herein-after named have petitioned to be authorized, under an Ordinance to be enacted, and whereby they may be incorporated, to make and maintain, at their own Costs and Charges, a Railroad between the C:ity of Montreal and the Province Line at or near the Point a Beaudet, through the several intcnnediato Parishes, connecting the Island of Montreal with the Mainland at or near Vaiidreuil by means of Bridges, witli thu view of thereafter eftectiiig a Continuation of such Railroad to Dickinson's Landing, Brockville, or Prescott, in Upper Canada, and thereby to rtvoid the Detention and Difficulties experienced by reason of the present (J,.) M Mode No. I J3. Makiiiff n Railroad rnnii MnnlrenI to I'uiniu Beauilel, ccial and express Provision of this Ordinance,) or of any Person or Persons, Bodies Politic, Corporate, or Collegiate, or Communities, whatsoever ; and to survey ' and AND SPECIAI COUNCIL OF LOWER CANADA. 91 No. I J.1. Miikiiiit M Unilruud and and take Levels of the same or any Part thereof, and to set out and appro- priate such Parts thereof as they shall think necessary and proper for makhig the said intended Railroad, and all such other Works, Matters, and Conve- ^^^^_^^ y^„„,^^^^ ,„ nicnces as they shall think proper and necessary for makin},', ettectnig, preserv- j.^j^^, ,^ ueumiei. ing, improving, completing, maintaining, and using tiic said intended Railroad and other Works; and also to hore, dig, cut, trench, get, remove, take, carry away, and lay. Earth, Stone, Clay, Soil, Rubbish, Gravel, Sand, Trees, Roots of Trees, and other Matters or Things which may be dug or got, in making the said intended Railroad or other Works, on or out of Lands or Grounds of any Person or Persons adjoining or lying convenient thereto, and which may be- jjroper, requisite, or necessary for making or repairing the said intended Railroad, or Works incidental or relative thereto, or which may hinder, prevent, or obstruct the making, using, or completing, extending or maintaining the same respectively, according to the Intent and Purposes of tins Ordinance ; and to make, build, erect, and set up, in or upon the said intended Railroad, ..r upon the Lands adjoining or near the same respec- tively, sufh and so many Houses, Warehouses, Weighing Heanis, Cranes, Fire Engines, Steam Engines, locomotive, stationary, or other Engines, Inclined Planes, Machines, and otiicr Works, Ways, Roads, and Conveniences, as and wiien the said Company of rroprietors shall think proper, requisite, and convenient for the Purposes of the said Railroad; and also from lime to Time to alter, divert, repair, widen, enlarge, and extend the same, and to make, maintain, repair, and alter any Fences or Passages over, under, or through the said intended Railroad; and to construct, erect, and keep in repair any Piers, Arches, and other Works, upon or across any Rivers or Brooks, for the making, using, maintaining, and repairing the said intended Railroad (but neither doing anv Damage or creating any Obstruction to the Use of any public Work, nor 'obstructing the Navigation of any River, except m such Way as may be hereby specially .and expressly authomed); and to con- struct, erect, make, and do all other Matters and Ihmgs which they shall think convenient and necessary for the making, efiecting, extending, preserving, improving, completing, and eiusy using of the said intended Railroad and other Works, in pursuance of and according to the true Intent and Meaning of this Ordinance; they the said Company of Proprietors doing as little Damage as may be in the Execution of the several Powers to them hereby granted, and making Satisfaction, in manner iierein-afV.er mentioned, to the Owners or Proprietors of or the Persons interested in the Lands, renements. or Here- ditainenU, Waters, Watercourses, Brooks, or Rivers respectively, which shall betaken, used, removed, prciudiceJ, or of which the Course shall be altered, or for all Damages to be by such Owners or Proiirietors sustained m and by the Execution of all or any of the Powers granted by this Ordinance ; and this Ordinance shall he sufficient to indemnify the said Conripany of Proprietors, and their Servants, Agents, or Workmen, and all other Persons whomsoever, for what tliey or any of them shall do by virtue of the Powers hereby granted, Tubject nevertheless to such Provisions and Restrictions as are herein-after '" AmTbtit further ordained and enacted by the Authority aforesaid. That \t Khali be lawful for the Governor, Lieutenant Governor, or Person adnriimstering e Goven nent of the Province for the Time being, by and with the Advice of tli^ Executive CouncU, to grant to the said Company of Proprietors, in such S.'nner«nTrsi.cr Consideration as he siiall see fit, the Right to use for the S ns r net on of the said Railroad or Ways, any Parts or Portions of the level G ou d leady made or established along any Canal, or along or upon an^ Dvke Dam or public Highway, belonging to or the Property of which is vested h^ Her Majesty, or in an/ public Officer or Body, for the public Uses of ^Province, or made at the public Expense, or to ntersect or cross the same, o .iiy S earn or Watercourse' or to construct the sad Railroad or Ways along. nr!^^or ac OSS such Canals, Dykes, Dams, public Highways, or other Things S1 kc DeSion Provided always, that the said Company or Corporation sha not h aTwise injure the «.id Canals, Dykes, Dams, or public Highways, o in anvw srCde or obstruct the Use of the same, or of any pubhc\Jork or Thh^rtfierewt" connected, all which the said Company shall leave m the same Sttle^in SS thev find them, as to Efficiency. Usefulness, and Convenience. (4.) M 2 aad 9« ORDINANCES PASSED BY THE GOVERNOR No. I. .3. MtkiiiK » Iluilrnnil from Sluntreul In t'uiiii a HeRiiilvl. and shall not snffer the same to be in the least injured or deteriorated, or in anywise inconvenienced. I'rovided always, and be it further ordained and enacted by the Aiitiio. rity aforesaid, That where the said Hnilroad shall cross any miblic Hiffhway, the Ledge or Flanch of siicii Railway lor the Purjjose of f,'nidinp the Whee'ls of the Carriages shall not rise above the Level ot such Roail nor sink below such Level more than One Inch, but the said Corjioration may raise such Highway by a gradual Slope, not excluding One Foot in Thirteen, to the Level of such Flancii, if such raising be necessary to preserve the Level of the saiti Railroad. I'rovided always, and be it further ordained and enacted by the Authority aforesaid, That where any Uridge shall be erected or made by the said t^omnany tor the Purpose of carrying the said Railroad over or across any public High- way, the Span of the Arch of nny such Hridge shall be tiirmed, and shall at all Times be and be continued, of such Breadth as to leave a clear and ojien Space under each and every such Arch of not less than Fitteen Feet, and a Height from the Surface of such public Highway to the Centre of such Arch of not h'.ss than Sixteen Feet, and the Descent under such Bridge shall not exceed One Foot in Thirteen Feet. Provided always, and be it further ordained and enacted by the Authority atiiresaid, 'I'hat in all Cases where it may be necessary to erect, build, or make any Hridge or Bridges for carrying any public Highway over the said Railroad, the Ascent of such Bridge for the Purpose of such Highway shall not be steeper than One Foot in i'hirteen Feet, and a gooil and sufficient Fence shall be made by the said Company on each Siile ot each such Bridge, which Fence shall not be less than Four Feet above the Siirtiice of such Bridge. Provided always, and be it further onlaineil and enacted by the Authority aforesaid, 'I'liat in all Cases where the said inteiuled Railway shall cross any public Highway on a Le\el therewitli the said Company shall erect and at all Times maintain a gooil and siifiicient (>ate on each Side of such public High- way, which (Jates shall be constantly kept shut, exce])t at such Time as Waggons, ('arts, ami other Carriages passing along tiie said Railway shall have to cross such ])iil)lic Highway, ami they shall be opened for the Purpose inly of letting such Waggons, Carts, or other Carriages pass through ; and every Driver or Person intrusted with the Care of any Waggon, Cart, or other t'arriage, or with any Train of Waggons, Carts, or other Carriages, shall and he is hereby directed to cause the saiil (iates, and each of them , t(> be shut as soon as such Waggons, Carts, or other Carriages shall have passed through, under a Penalty of Five Shillings tor each Otfence, to be recovered in like Alanncr as otlici' Penalties under this Ordinanci! may be recovered. And be it fintlier ordained and enacted by tlie Authority at()resaid, That for the Pur])oses of this Ordinance the said Company shall, by some sworn Land Surveyor in this I'rovince, and by some Engineer by them to be ajjpointed, cause to be taken and made Surveys and Levels of the i.,aiuls through which the said intended Railroail is to j)ass or be carried, and of the River or Rivers, or Branches of Rivers, over v;hich the said Railroad is to jiass, together with a Plan or Map of such Railroad, and of the Course and Direction thereot', and of the Lands through which the same is to pass, and also a Book of Reference tor the said Railroail, in which shall be set torth a Descri|)tion of the said several Lands, or such Parts thereoti tlnoiigh wiiich the said Railroad shall pass, with the Names of the Owners, Occupiers, and Proprietors thereof, and in which shall be contained every thing necessary ti)r the riglit Understanding of such Map or Plan ; which said Map or Plan aiul Book ot Reterencc sliall be so made or caused to be made in 'I'ripiicate, and shall be certified by the Surveyor (ieneral i-r his Deputy, who shall deposit one Part thereof in the Oflice of' the IVothonolary of tiie Court of King's Bench of and for the District of Mont- real, one other in the Office of the Secretary of the Province, and the remaining one he sliall deliver to the said Company of Proprietors ; and all J'ersons shall have Liberty to resort to such Copies so to be ileposited as atbre- saiil, and make Extracts or Copies thereof, as Occasion shall reipiire, paying to tin; said Secretiiry of the Province or to the said Prolhonotary at the Rate of Sixpence Current Money of this Province tin- each and every Hundred Words; and the said Copies of the said Map or Plan and Book of Reference, so certified, or a true Copy or Copies thereof', certified by the Secietarv of the I'rovince, or '•) ' ' by AND SPECIAL COUN( U, OF LOWKR CANADA. i)S by the said Protlioiiotary of the Court of Kitif^N Hi'nch' Jbr the District of Mniitreul, !thull severally ne uiul are hercliy lieclared to be good Kvidence in all CoiirtH of Law or elsewhere. Provided always, and he it further ordained and enacted by the Authority aforesaid, That the said Company of Proprietors, in making the said intended Railroad, shall not deviate more than Two Arpents from the Course or Direction (ielineated in the stiiil Maj) or I'lan, and set forth in the siiid Hook of Reference, nor cut, carry, place, lay down, or convey the >aid Railroad into, through, across, under, or «)ver any Part or I'arts of the several Kstates, Lands, or (iroimds now or late belonging or reputed to belong to the said several and respective Persons named or described in the said Hook of Iteference, other than such Part or Parts as are mentioned in the said Hook of Reference in that Hehalf, (save in such Instances only as are particularly hereby [)rovided f()r,) without the Ajjprolation and Consent in Writing, siuued by »he Owner or ()wni'rs or Person or Persons f<)r the Time being entitled to the Rents ami Prolits of such Kstates, I^iinds, or Tenements res|)ecti\ ely. Provided always, and be it further ordained and enacted by the Authority aforesaid, That the siiid Companv of I'roprietors shall and may make their inteniled P.ailroad through, acr()», or over tlu! Lands or (Jrounds of any Person or Persons whomsover into whose Kstates, Lauils, or (irounds such Deviations as a(()resaid shall exteml, although his, her, or their Name or Names is or are not n\eutioned in tlie said Hook of Reference, or into tlie Estate, Lands, or (irounds of any Person or Persons whose Name or Names hath or have been by Mistake omitted, or that, instead ol' his, her, or their Name or Names, the Name or Names of some other Person or Persons to whom such last-mentioned Kstates, Lands, or Orounds do not belong hath or have been bv Mistake inserted in tlie said Hook ot' Keference. And be it further ordained and enacted by the Authority at()resaid. That the Lands or (Jrounds to be taken or used tor such intended Railroad, and the Ditches, Drains, and Fences to separate the same from the adjoining Lands, shall not exceed Twenty-Hve Yards in lireadtli, except in such Places where the said intended Railroad shall hf raised more than Five Feet liigiier or cut more than I'ive Feet deeper than the pre-cnt Surtace of the Land, and in such Places where it shall be dcenieil necessuy to have Oll'setts f()r the loco- motive or other Kngines and Carriages using the said intended Railroad to lie or |)ass each other, and not above Two hundred Yarils ii\ Hreailth or Two hnnilrcd Yards in Length in any such Place, and except where any Houses, Warehouses, Toll Houses, Watch-houses. Weighing-beams, Cranes, tixeil Kngines, or Inclined Planes niiiy be erected, or (Joods, Wares, or Merclian- dizes be delivered, and then n()t more than Two huiulrcd and fifty Yards in Length and Two hundred Yards in Urd'-ltli, without the Consent of the Proprietors. And he it further ordaini'd aui! enacted by the Authority afi)resaid, That after any Lands or (irounds shall be set out and ascertained in manner ati)res;iid, for making and com|)leting the said Railroad and other Works, and other the Pur- poses and Conveniences herein mentioned, it shull and may be lawful fo. all Hodies I'olitic, Corporate, or Collegiate, Corporations Aggregate or Sole, Cont- munities, (Juardians, Curators, Kxeeutors, Ailministrators, and other Trustees or Persons whomsoever, not only tor and in behalf of themselves, their Heirs and Successors, but also tiirand on behalf of those wliom they represent, whether Issue unborn, Intimts, Lunatics, Idiots, Femes Covert, or other Person or Per- sons, wiio ar(! or shall be seised, posscssi'd of, or interested in any Lauds or (irounds whicii siiail he so set out and ascertained as aforesaid, or any Part thereof, to contract (()r, sell, and eonvuy ur.lo the said Company of Pr()])rietors, their Succes.sors and Assigns, all or any such Lands or (irounds which shall from Time to Time be set out and ascertained as iubresaid ; and that all Con- tracts, Agreements, Sales, Conveyances, and Assurances so to be made shall be valiil and eti'ectual in Law to all Intents and Purposes what.soever, any Law, SUitute, I'sage, or Custom fo tlie conlnuy thereot' in anywise notwithstanding ; and all Hodies Politic, Corporate, or Collegiate, cr Communities, and all Pcrson.s whosoever, so conveying as atiiresaid, are hereby indemnified fiir what he, she, or they, or any of them, shall respectively do by virtue or in pursuance of this •; and all such Contracts, Agreements, Sales, Conveyances, and Nc . 1.1.). .Miikii'K n Uttilruiid Iroiii Miiiilreal til riiitii ii IK-aii(lfl. Ordinance ; and all such Contracts, Agr Assurances, or not irial Conies thereof, slial i'--) M :i le l''xpc:!:e of the saiil Cor- UUltlOll, ^ ORDINANCES PASSED BY THE GOVERNOR N<-. I Da. Muk ru n Kiiilroad frnin Mnniruiil lo I'oint u lltiiiiiU'i, pontion, lio ilo|M)sitcil of Hoconl in tlif Office of the I'rothonotary ot'tlie Court of Kinjj't Dencli tor tlio District of Montreal, unil Copies thereof, certified l>y the Slid I'rothonolarv (in hke Manner :\s all authentic Copies tiiercof), shall lie allowed to be ^ood Evidence in all Courts whatMH-ver, Provided always, and hr it further ordained and enacted by the Authority a(()resaiil. That any Body I'olitic, Conunnnity, Corporation, or other Person or Persons whosoever, who cannot, in commoil Course of Law, sell or alienate uiiy I-ands or (iroiinds so set out and ascertained, slmil a^ree upon a fixed annual Kent as an Equivalent, and not a Principal Sum, to be paid Hir the Lands or (irounds so set out ai'd ascertained as necessary for niakuij; the said Railroad, and other the Purposes and Conveniences relative thereto and con. iiected therewith ■, and in case the Amount of such Kent shall not be fixeil b^ voluntary Agreement or Comjironiise, or by Arbitration between the Parties, it shall be fixed by a Jury convened and (lualitied in the Manner herein-uller prescribed, and all Proceedings and Litigaticms in Court shall in that Case be regulated as is herein-after prescribed ; and li)r the Payment of the said annual Rent, and every other annual Kent agreed upon or ascertained t()r the I'urcliase of any Lands or Grounds, the said Railroad, and the Tolls to be levied and collected thereon, shall be and are hereby made liable and chargeable in preference to all other Claims or Demands thereon whatsoever. And be it further ordaineil and enacted by the Authority aforesaid, Tiiat as soon as the said Map or Plan and Rook of Reference shall have been made and ileposited as aforesaid, it shall then be lawful f<)r the said Comjiany of Pro- prietors to ajiply to tile several Owners of the Estates, Lands, anil (Jrounds tliniugh which such Railroad is inteiuled to be carried, and to agree with such Owners respectively touching the Compensjition to be paid unto them by the saiil Company of P'rojirietors for the Purchase thereof, and for their respective Damages ; and in case of Disagreement between the said Company anil the said Owners, or any of them, then all Questions which shall arise between the said Compar.v and the several Proprietors of and Persons interested in any Estates, Laniis, or (Jrouiuls that shall or may be taken, affected, or prejudiced by the Execution of any of the Powers hereby granted, or with regard to any luilemnification for Damages which may or shall be at any Time or 'limes sustained by any Rodies I'olitic or Corjwrate, or Comnnunties, or any other Person or Persons respectively, being ( )w ners of or interested in any Estates, Lands, or (Jroiuuls, tor or by reason of the making, repairing, or maintaining the said Railroad, or other VVorks or Machines incidental or relative thereto or connected therewith, shall and may be settled bv Agreement of the Parties or bv Arbitration ; or if either of the Parties shall not be inclined to make an Agreement, or to apjjoint Arbitrators, or by reason of Absence shall be prevented from treating, or through Di.sid)ility, by Non-age, Covertiue, or other Impediment, cumiot treat or make such Agreement or enter into sucii Arbitration, or shall not produce a clear Title to the Premises which they claim an Interest in, then and in every such Case the said Company of Proprietors may make Applicatio;: to the Court of King's Rench tin- the r)istrict of Montreal, stating the Cirounds for such Ap|)lication ; and such Court is hereby empowered and required, from Time to Time, upon $ucli Applicatiim, to issue a Warianf, directed to the Sheriff tor the District of Montreal fi)r the Time being, commanding such Sheriff to impannel, sunnnon, and return a Jury, ipialified according to the Laws of this Province to be returned for Trials of Issues joined in Civil Cases in the said Court of King's Rench, to apjiear before the said Court at such Time and I'lace as in such Warrant shall be appointed ; and all I'arties concerned may have their lawful Challenge against any of the said .Jurymen, but shall not challenge the Array ; and the said Court is hereby cmpowereil to sunnnon and call befijre them all and every such Person and Persons as it shall be thought necessary to examine as Witnesses touching the Matters in question ; and the siiid Court may authorize and order the said Jury, or any Six or nmre of them, to view the Place or Places or Matter in controversy, which Jury upon tlicir Oaths (all which Oaths, as well as the Oaths to be taken by any Person or Persons who shall be called upon to give Evidence, the said Court is hereby empowered to administer,) shall inquire of! assess, and ascertain the distinct Sum or Sums of Money or annual Rent to be paid for the Pur- chase of such Lands or Grounds or Tenements, or the indemnification to be AND SPECIAL COUNCIL OF LOWER CANADA y.'i 1)6 mudi' for the Uiimage tliat may or hliall l)ir siistaiiiwl as ttforfsaiil, uiul in s«> doing the said Jury iliall take into eonsiileration tlie L)aniaj{e or Inconvenience whicii may arise by means of any Hridges, Iloadn, or otiier Conmninicatioii made necessary by reaxon of the s;ii(l Uaiiroad, and assess separate Damage for the siuno ; and the said Jury shall distinguish the Value set upon the Lands and the Money assessed or adjudged liir Damages separate and apart from each other} and the said Court shall give Judgment tor such Sum. Kent, or Indenniitication so to be assessed by such Jmies ; which said Verdict, and the Judgment so thereupon pronounced, shall be binding and conclusive, to all Intents and I'ur- poses, against the Queen's Majesty, Her Heirs and Successor.^ and agi-inst all Bodies Tolitic, (:or|)orate, or Collegiate, or Communities, and all rersons whomsoever. • , r,.. And be it further ordained and enacted by the Amhority aforesaid, 1 hat ni all Cases where a Venlict shall be given for more Money as an IndemniHcation or Satisfaction
    I'llinl .1 llr.llllli-'. II 1 1 a 96 Ni>. IM. Makini; II Ivaiirnnil troni .Mcmlreiil to I'oiiit ;; Ufuudet. ORDINANCES PASSED BY THE GOVERNOR ir'ttctl to and kept by the I'l-Jtlionotary ot'tli(? (!ourt of King's Bench for the District of Montreal, to bo kept among tiie Uecords of tlie said Court, and shall be deemed and takfi to be Records of the said Court to all Intents and I'lnposes ; and the same, or true Copies thereof, sliall be allowed to be good Evidence in all Courts whatsoever in this Province ; and all Persons shall have liliprtv to inspect the same. ])aying for each Inspection the Sum of One Shil- ling Ciirrency, and to have and obtain Copies thereof, paying tor every Copy thereof not exceeding One hundred Words the Sum of Sixpence Currency, and so in proportion for any Numi)cr of Words ; and immediately on such Pay- ments of Purchase Money or Rents us aforesaid, and Entry of such Agree- ments, Sales, Conveyances, Determination by Arbitration, Verdicts, Judgments, or other Proceedings of the said Court and Juries, all the Estate, Right, Title, Interest, Use, Trust, Property, C laim, and Demand, in Law or lupiity, of the Person and Persons for whose Use such Money or Rent shall be paid, in or arising out of the said Lands, Grounds, Tenements, Hereditaments, and Pre- mises, shall vest in the said Company of Proprietors and their Successors, and they shall respectively be deemed in Law to be in actual Possession and Seisin of the same, to all Intents and Puqwses whatsoever, as fully and effectually as if every Person having an Estate therein had been able to convey and liad actually conveyed the same to them by the most effectual legid Conveyance ; and sucii Payment sliall bar all Right, Title, Interest, Claim, and Demand of the Person or Persons to whose Use the same shall be made. Bodies Politic, Corporate, or Collegiate, Ecclesiastical or Civil, Communities, \\'omen subject to maritid Authority, Minors, Persons interdicted, or Absentees, who may have or claim to have any Right, Title, hiterest. Claim, or Demand therein, and of every other Person vr Persons whomsoever, even for Dower not yet open (Douaire non encore ouvert), any Law to the cimtrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That Application to the said Court for lnden\nity for any Damage or Injury sus- tained by reason of the Poweis and Authority given by this Ordinance shall be made within Stx Calendar Months next after the Time of such supposed Damage sustained, or in case there shall be a Continuation of Damage, then within Six Calenilar Months after the doing or conmiitting such Damage shall cease, and no', afterwards ; and the Defendant or Defendants shall and may ))lead the (ieneral Issue, anil give this Ordinal and the Special Matter in Evidence, !>.t a.'v Trial to be had thereupon, anu may aver that the same was done in jjursuance of anil by Authority of this (Ordinance. And be it further ordained and enacted by the .Vuthority aforesaid, That if any Person shall, by any Means or in any Manner or Way whatsoever, obstruct or interru])t the fiee U>^ of the siiid Railroad, or of the Carriages, Engines, or other \\'orks incidental or relative thereto or connecte^'i therewith, such Person shall for every siicii ( )trence incur a Eo-^i 'ture or i'enalty of not less than Eive Pounds nor exceeding Ten Pounds Current y, which Penalty or Eorfeiture may be recovered before One oi more .lustiees ot' the Peace for the said District of Monlieal, and one Moiety tJiereof shall go to the Prosecutor or Informer, and the oti'.er Moiety to Her Majesly, Her Heirs and Successors, and shall be paid into the Hands of the Recei\er (ieneral, and shall reir.uin at the Disposal of the Legislative Authority of'tiii> Province tor the public Uses tliereof. And be it further onlained and •■nacted i)y the Aut.iority aforesaid, That it' any Pi ison or Persons shall wilfully or maliciously, and to the I'rejudice of the said Railroad authorized to be made by this Ordinanee, break, throw down, damage, or destroy the same, ji any Part thereof, or any of the Houses, Ware- houses, Weighheams, ('ranes. Carriages, Engines Inclined Planes, Machines, or other Works or D"vices incidciual and relative thereto or connected therewith, or do any other wilful Hurt or Mischief to obstruct, hinder, or prevent the carrying on. conii)leting, siippoituig, and niaiiitairijig die said Railroad, such Person or Persons sliall he adjudged guilty of Eeioiiy ; and tlie Court by and hefo.e whom such Person or Persons shall lie 'ried and convicted shalf have Power and Authority to cause such Person or Peisoii', to be punished in like Manner as Etioiis are directed to he jiunished by the Laws in force in this Province, or in mitigation thereof to award such Si nteiice as the Law directs in Ca;es ot' I'l'tty Larceny, as to such Court slial! seem iit'.ing. And l(> tilt tiiii thai (ill- saiii C ompaiiy of liuprietors may be enabled to carry on so 'iseful an Undertaking, be it further ordained and' enacted by the Aiitfiority AND SPECIAL COUNCIL OF LOWER CANADA. 97 No. I,),!. Makini; a Unili'f>:ul from Monireal tii Authority aforesaid, That it shall and may be lawful to and for the said Coni])any of Proprietors and tlieir Successors to raise and contribute among themselves, in uch Proportions as to them shall seem meet and fitting, a competent Sum of Money for the making and completing the said Railroad, i"'i"Vri'k':imU''! and all such other Works, Matters, and Conveniences as may be found necessary for making, effecting, preserving, imi)roving, completing, maintaining, and using the said Railroad and other Works : Provided always, that the Members of the said Corporation whose Names are hcrein-before mentioned shall cause Books of Subscription to be opened in the said City of Montreal for receiving the Signatures of Persons willing to become Subscribers to the said Undertaking, and for this Purpose they shall be held and bound to give public Notice during at least Three successive Weeks in the Montreal Gazette and Montreal Herald, or if those Newspapers be not then i)ublished then in some Two other Newspapers ])ublished in the City of Montreal, and in such other Two public Newspapers in any other Part or Parts of this Province as they may deem advisable, of the 'lime and Place at which such 15ooks shall be opened aiul ready for receiving Signatures as aforesaid, and of the Persons by them authorized to receive such Subscriptions ; and every Person wiio siiall write his or her Signature in such Pook as a Subscriber to the said Undertaking, or shall authorize at other I'erson so to do, and on his or her IJehulf as his or her Attorney, shall thereby become a Member of the said C!orporation, and shall have the siime Rights and Privileges as such as are hereby conferred on the sever;d Persons who ai. iierein mentioned by Name as Members of the said Corporation ; provided always, that the Sum so raised shall not exceed the Sum of One hundred thousand Pounds Currency of this Province in the whole, excejjt as is herein-after mentioned, and that the same be divided into such Number of Shares as lieieafter directed, at a Price not exceeding Twenty-tive Pounds Cturency aforesaid j)er Sliare ; anil the Money ^o to be raised is hereby directed and appointed to be laid out and ajjplied, in tiie first place, for and towards the Payment, Discharge, and Satisliietion of all Fees and Disbursements lor obtaining and passing this Ordinance, or incurred or made by or on behalf of the said Company or. any Application for an Act of Incorjjoration to the late Legislature (^f this Province, and for making the Surveys, Plans, and Ivstimates incident thereunto, and all other l'A])enses relating thereunto ; and all the Rest, Residue, and Remainder of such Money for and towards making, completing, and maintaining the said Railroad, and other the Purposes of this Ordinance, and to no other I se. Intent, or Purpose whatever. And be it finther ordained and en:icted by the Authority aforesaid, That llic .said Simi of One hundred thousand Pounds Currency, or such Part thereof as shall be raised by the several Persons herein before named, and by such other Person and Persons as ^|lall or nmy become a Subscriber or Subscribers to the said Kailrc-ad, shall be divided anil "i!istinL,iiislieil iiUo Pour thousand equal P^'.rfs or Shares, at a Price not exceeding Twenty-tive Pounds Currency atoresiiid per Share, and that tiie Shaics be deenu-d Personal Estate, and shall be transferrable as such, an.i that the said Four thoii.sand Shares shall be and are hereb\ vested in the said several Sub>eri!)ers, and their several and respective" Heirs, Fxeeuturs, Curators, Administrators, and Assigns, to their and every of their proj.er I'sr and lielioof, proi)ortionally to the Sinn they and each of them shall severally subscribe ami p,iy thereunto ; anil all and every the IJodies Politic, Cor|)orate, or Collegiate,' or Coinnuinities, and all and every Person and Persons, their several and respective Successors, Kxeculors, Curators, Administrators, and Assigns, who shall se\crally subscribe and pay the Sum of 'l"wcntv-iive Pounds Ciurency, or such Sum or Sums as shall be demanded in lieu thereof, towards cari\ in/' on and completing t!ie said intended Railroud, shall be inlitlcd to and receive, after the said Railroad, or so much thereof at least as shall extend from the City of Montreal aliiresaid to Coteau • III Lac shall be cmnpleted, and not hetiire, the entire and net Dislrilnilion of tiie Four tiiousandth Part of the Protils and Advantages that shall and may arise and accrue hv virtue of the Sum and Sums uf Money to be raised, recovered, or received hv the .vuiliority ot this Ordinance, and .so in jnoportion t'or anv greater Number of Sluues ; 'and every Roily Politic, Corporate, or Collegi'ate, or Commuiiity, IVrsoii or Persons, 'having such Property of the Fourlhousandlh Part or Share in the .said L'niieriakuig. and so in piojioiiioii ■IS afiiresaid, shall bear and pay an adcipiate and proportional Sum of Money ;i towards No. 15a. iMnkine n iUilrond frntn Montreal to Tuiiit u Heniidet. 98 ORDINANCES PASSED BY THE GOVERNOR towards carrying on the said intended Undertaking in the Manner by this Ordinance directed and appointed. . ., .. e • i ti . • And be it turtlier ordained and enacted by the Authority aforesaid, That in r^sethe said Sum of One hundred thousand Pounds Currency herein-before -lutliorized to be raised shall be found insufficient for the Purposes of this Ordinance, then and in such Case it shall be lawful for the said Company of Pro- Drietors to raise and contribute among themselves, m Manner and Form aforesaid, and in sucli Shares and Proportions as to them shall seem meet, or by the Admission of new Subscribers, a further or other Sum of Money for completing and perfecting the said intended Railroad, and other Works aiid Conveniences incidental or relative thereto, not exceeding the Sum of Twenty-five thousand Pounds Currency aforesaid ; and every Subscriber towards raising such further or other Sum of Money shall be a Proprietor in the said Undertaking, and have a like Vote, by himself or herself, or his or her Proxy, in respect of every Share in the said additional Sum so to be raised, and siiall also be liable to such Obligations, and stand interested in all the Profits and Powers of the said Undertaking, in proportion to the Sum he, she, or they shall or may subscribe thereto as generally and extensively as if such other and further Sum had been originally raised, and a Part of the said first Sum of One hundred thousand Pounds ; any thing herein contained to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That the Number of Votes to wiiich each Projirietor of Shares in the said Under- taking shall be entitled on every Occasion when, in conformity to the Pro- visions of this Ordinance, the Votes of the said Company of Proprietors are to be •"•iven, shall be in the Proportion following ; that is to say, for One Share " "^ ^" ' "' ' not ."our for Thirty Shares ; tor every Six Shares above Thirty and not exceeding Sixty, One Vote, makhig Fifteen Votes for Sixty Shares ; for every Ei^ht Shares above Sixtv and not exceeding One hundred. One Vote, making 1 wentv Votes for One" hundred Shares ; and for every Ten Shares above One hundred Shares, and not exceeding One hundred and fifty. One Vote, making Twenty-five Votes for One iiundred and fifly Shares ; but no Person or Persons, Copartnership, Body Politic, Corporate, or Collegiate, or Community, being a Member or Members of tiie said Company, shall be entitled to a greater Number than Twenty-five Votes -, and all Proprietors of Shares resident within the Province or elsewhere may vote by Proxy, if he, siie, or they shall see fit ; provided that sucii Proxy do produce "from li'is Constituent or Constituents an Appointment in Writing, made and signed in tiie Presence of Two Witnesses, and in tlie Words and to the Effect following j that is to .say, . J of one of the Proprietors of " The Canada Union Railroad" do hereby nominate, constitute, and appoint of to be my Proxy, in my Name and in my Absence to vote or give my Assent or Dissent to any Biisiness, Matter, or Thing relating to the said Undertaking that shall be mentioned or proposed at any Meeting of the Proprietors of the said Undertaking, or any of tliem, in such Manner as he the said shall tiiink |)ro])er, according to iiis Opinion and Judgment, for the Benefit of the said Undertaking or any thing apper- thereto. In witness whereof I have hereunto set my Hand anil tanung Davof in the Year ' Seal the ' In the Presence of ' Signature of Witnesses (r,. s.)' And such Vote or Votes by Proxy shall be as valid as if such Principal or Principals had voted in Person ; and whatever Question, Election of proper Officers, or Matters or Things, shall be proposed, discussed, or considered in any public Meeting of Proprietors to be iield by virtue of this Ordinance, shall be determined by the Majority of Votes and Proxies then present and so "iven as aforesaid ;' provided nevertheless, that no Person shall act as Proxy at any Meeting for any absent Proprietors for more than One hundred and fifly Shares -, and at every such Meeting one of the Proprietors nresent ^ha!l bo appointed Chairman or President, and shall not only vote rietor, but in case of Equality of Votes shall have the decisive or us a Proprii casting Vote. Provided AND SPECIAL COUNCIL OF LOWER CANADA. 90 Provided always, and be it further ordained and enacted by the Authority No, I53. aforesaid, That no Proprietor who shall not be a natural-born Subject of jn„,ii„^7^ii,o,d Her Majesty, or a Subject of Her Majesty naturalized by Act of the British Par- ,',„„, Montreal to liament, or by Act of the Parliament of this Province, or by Act or Ordinance Point a Beaudei. of the Legislative Authority tiiereof for the Time beinp, shall be elected Pre- sident, Treasurer, or Clerk, or One of the Committee of tlie said Corporation. And be it further ordained and enacted by the Autliority aforesaid. That the first General Meeting of Proprietors for putting this Ordinance into execution shall oe held at the Court House in the City of Montreal within One Month after One thousand Shares in the said Undertaking siiall have been subscribed, provided that public Notice thereof be given during Three consecutive Weeks In the Montreal Gazette (if then published), and if not then in some other public Newspaper published in the City of Montreal, and in some Newspaper published in the French Language in the said City (if any there be), and in some public Newspaper publisiied in the City of Quebec ; and the Second General Meeting shall be held at such Time and such Place as the said Pro- prietors, or Majority present at their said First Meeting, siiall appoint ; and the General Meeting shall be thereafter held twice in every Year, on the Tenth Day of January and on tiie Tciitli Day of July, or if eitiier of the said Days be a Sunday or a Holiday tiicn on llie iicxt Day which shall not be so ; and at the said First General Meeting the Proprietors assembled, together with sucli Proxies as shall be present, shall choose Nine Persons, being each a Proprietor of Ten or more Shares hi the said Undertaking, (out of whom any Five or more of them shall be a Quonun,) to be a Committee for managing the Affairs of the said Company of Proprietors, in such Manner as is herein-after directed, and as shall from Time to Time be ordered by such General Meetings, which said Committee shall continue in Office until the Tenth Day of January following ; and also upon eacii succeeding Tenth Day of January, bemg one ot the semi-annual Meetings, (or upon tlie iollowing Day, when the same shall fall on a Sunday or Holiday,) a new Committee for tiie ensuing Year shall m like Manner be elected ; provided always, that at least Five of the Members of the Committee for the Year or Period then last past shall be re-elected ; but if at any Time it shall appear to any Fifteen or more of such Proprietors, holding together Two hundred and fifty Shares at least, that for more effectually putting this Ordinance into execution a Special Meeting of Proprietors is necessary to be held, it shall be lawful for such Fifteen or more of them to cause Fifteen Days Notice at least to be given tlieieof in the Newspaper aforesaid, or in such -•' -- ... • . „ .1 .!.. c „ ..i..,ii .,^ n„.r Ceneral and Pro- prietors" arVhcreby authorized to iiieet pursuant'to such Notice, and proceed to the Execution of the Powers by tiiis Unlinancc given them witii respect to the Matters so speciHed only ; and ail sucli Acts of the Proprietors or a Majority of them at such Special Meetings so assembled, such Majority not havin.', either as Principals or Proxies, less than One thousand Shares, shall be as vaTid to all Intents and Purposes as if the same were done at General Provtied always, ami be it further ordained and enacted by the Authority aforesaid, That it shall and niav be lawful for the said Company of 1 roprietors, at such Special Meetings, in iike Manner as at (^,eneral Meetings, in case ot the Deitli Absence, Ucsignation, or Removal of any Person named ot the Committee to manage the Aff'airs of the said Company of Proprietors in manner albresaid, to choose and appoint another or others in the Room or Stead ot those of such Committee who may die, or be absent, resign, or be removed as aforesaid, any thing in this Ordinance to the contrary notwithstanding. • , -ri f f And be it further ordained aiul enacted by the Authority aforesaid. That if ■,t any Time it shall happen that an Election of a Committee shall not take place on the Day when, in pursuance of this Ordinance, it ought to be made and take place, (he said Corporation siiall not be taken to be dissolved, bii lawful at anv olher Time to make such Election at a General ribed ; d other Manner as the Proprietors or their Successors shall at any liene Meeting direct or appoint, speciiying in sucii Notice the Time and F'ace a the Reason and Intention of such Special Meetings respectively ; and the 1 1 ime it shall happen that an Election of a Committee shall not take the Day when, in pursuance of this Ordinance, it ought to be made nlace the said Corporation siiall not be taken to be dissolved, but u ...a.. .)' lawftil at anv other Time to make such Election at a General McetingofStockhol.lers'to be called in the Manner herem-after prescribed; and until such new Electi.m shall be had the Comimttee for the Year or Period ? " «"t ?.!^t slv.ll -.miinn.. in Otlice. and shall hold all their Powers, as i then VaM p; t elected Provided 100 ORDINANCES PASSED BY THE GOVERNOR liiii; ♦I No. IJS. Miikin),' H llailriiidl from Montreal to Puiiil it Heniiclel. elected under tlie Authority of this Ordinance for the Period ending at the Time of sucii new Election. And be it further ordained and enacted by the Authority aforesaid, Tliat no one Member of the said Committee, tliough he may be a Proprietor of many Sliares, shall have more tiian One Vote in the said Committee, except the ("hairnian or President who shall be chosen by and out of the said Committee, and who, in case of a Division of ecpial Numbers, shall have tiie casting Vote, although he may have given One Vote before; provided always, that such Committee shall fioni Time to Time be subject to the Examination and Control of the said General and other Meetings of the said Proprietors as aforesaid, and shall pay due Obedience to all such Orders and Directions in anil about the Premises as they shall from Time to 'I'ime receive from the said Proprietors at such (ieneral or other Meetings, such Orders and Directions not being contrary to any express Directions or Provisions in this Ordinance contained. Provided always, and be it further ordained and enacted by the Authority aforesaid, 'I'hat no Person holding any Office, Place, or Employment, or being concerned or interested in any Contract or Contracts, imder the said C^ompany, shall be capable of being chosen a Member of the Committee for managing the Af!'airs of the said Company. And be it furtlier ordained and enacted by the Authority aforesaid, That every sucii General Meeting shall have Power to call for, audit, and settle all Accounts of Money laid out and disbursed on account of the said Under- taking wit!) the Treasurer, Receiver and Receivers, and other Officer and Officers to be by them, or by any other Person or Persims whomsoever, em|)loyed by or concerned for or under them in and about the said Under- taking, and to tiiat Purpose shall have Power to adjourn themselves over from Time to Time anil from Place to Place as siiall be thought convenient by the Persons entitled to a Majority of X'otes in manner aforesaid ; and everv General Meeting or sucii Committee assemblcil by the Authority of this Ordinance shall have Power from Time to Time to make such Call or Calls of Moni?y liom tiie Projjrietors of tlie said Undertaking, to defray the lixpense of or to carry on liio same, as tiiey from 'lime to Time shall find wanting and necessary for this Purpose ; provided, liowe\ cr, that no Call ilo exceed the Sum ol Five I'ounds Current Money of this I'rovince for every Share of Twenty-five Pomuis, and provided also tliat no Calls be made but at the Distance of One Calendar Month from each other; and such Committee shall have full Power and Authority to manage and direct all and every the Affairs of the ^aiil Company of Proprietors, as well in contracting for and purchasing Lands, Rights, ami Materials fi)r the Use of the said Undertaking, as in employing, ordering, and directing the Work and Workmen, and in placing and removing muier Officers, C'lerks, .Servants, and Agents, and in making all ( Contracts and bargains touching the said Undertaking, so that no such I'ur- chase, liargain, or other Matter lie done or transacted without the ('onciUTence of a Majority of such Connnittee ; and the Owner or Owners of One or more Share or Shares in the said Undertaking shall pay his, her, or their Shares and Proportion of the Monies to be called for as aforesaid to such Person or Persons and at such Tin)e and Place as the said Cieneral Meeting or Conir mittee shall irom Time to Time ajipoint and direct, of which Three Weeks Notice at least shall be given in tlii" Montreal (jazette or otiier News])aper piiblishi'il ill Montreal in the I'jiglish Language, and also in a |)ublic Newspaper published in the said ('ity in the I'Veneh Language (if any such there be), and in a public N'ews]iaper ])ul)lislied in the (,'ity of (Quebec, or in such other Manner as the said Proprietors or their Successors shall at any General Meeting direct or appoint ; and it' any Person or Persons shall neglect or refuse to pay his, her, or tiiiir rateal)le or proportionate Part or Share of the siiid Money to be called for as af()risaid, at tlie Time and Place appointed by such (ieneral Meeting or Committee, he, slu-, or they neglecting or refusing sliall fiirfeit a Sum lui', exceeding Five Pounds fiir every One hundred Poiuids ot' his, her, or their respective Share and Shares in the said Undertaking ; and in case such Person anti I'ersoiis shall neglect to pay his, her, or their rateable Calls as afiiresaid, tor the Space of Six Calendar Ahmliis after the Time apjiointed f()r the Payment thereof as aforesaid, then he, she, or they shall fi)rfeit his, her, or their respective Siiare and Shares in the said Undertakiniii and all the Profit and HeMfiii '•* thereol', ■Mi AND SPECIAL COUNCIL OF LOWER CANADA. lOl thereof, all which Forfeitures shall go to the rest of the said Company of No. 153. Proprietors of the said Undertaking, their Successors and Assigns, in Trust for and for the Benefit of the said Proprietors, in proportion to their respective ?ro.» Mo't.ueaUo AnierLoLS* _^ , v ,. Provided always, and be it further ordained and enacted by the Autliority . aforesaid. That no Advantage shall be taken of the Forfeiture of any Share or Shares of the sai.l Undertaking, unless the same shall be declared to be forfeited at some General Meeting of the said Company of Proprietors assembled at any lime after such Forfeiture shall be incurred ; and every such Forfeiture shall be an Indemnification to and for every Proprietor so forfeiting against all Action and Actions, Suits or I'rosecutions whatever to be comnieirceil or prose- cuted for any Hreach of Contract or otiier Agreement between such Proprietor and the other I'roprietors with regard to carrying on the said Railroad or Undertaking. And be it tiiriher ordained and enacted by the Authority aforesaid, That the .sail! Company of Proprietors and their Successors shall always iiave Power and Authority, at any General Meeting asscinblcil as aforesaid, to remove anv PtTson or Persons chosen upon such Committee as atbiesaid, and to elect others to be of the Committee in the Room of tliose who shall die, resign, or be removed, anil to remove any other Officer or OfHccis under them, and to revoke, alter, amend, or change any of the Rules and Directions heiein-betbre prescribed with regard to their Proceedings amongst themselves, (the Method of calling General Meetings, and their Time and Placo of assembling, and the Manner of voting and of appointing Committees, only excepted,) and shall have Power to make such new Rules, Rye Laws, and Orders, not being contrary to the Provisions of this Ordinance, except as herein above expressly authorized, for the good Government of the said Company, and their Servants, Agents, and Workmen, tor the good and orderly making, miiiiUaining, and using the said Railroad anil other Works connected tlierewitli or belonging tlieieta, and f<)r the well govern- ing of all Persons whomsoever travelling upon or using the said Railroad and other Works, or transporting any (Joods, Wares, Merchandizes, or otiier Com- modities thereon ; and to impose and inflict sucli reasonable Fines and Forfeitures upon the Persons guilty of a IJrcacii of such Rules, l}ye I.aws, or Orders as to' such (ieiieral Meeting shall seem meet, not esceeiling'the Sum of Fifty Shillings Currer.t Money of the Province for any One OHence, such Prices or Forfeitures to be levied and recovered by such Ways and Means as are herein-after men- tioned ; which said Rules, Hye Laws, and Orders, being put into Writing under the Common Seal of the said Company of Proprietors, shall be published at least twice in the said Montreal Gazette or other jiublic Newspaper pub- lished in the City of Montreal, and in a Xewsjiaper there published in the French Language (if any there be), and in a ])ublic Newspaper published in the City of Quebec, and alHxed in the OHice of the said Company of Proprie- tors, and in all and every of the Plai'es wiiere the Tolls arc to be gathered, and in like Maimer as often as any Ch.uige or Alteration shall be made to the same; and the said Rules, Hye Laus, and Oriiers, so made and publisiied its afbre.said, shall be binding u])oii and observed by all Parties, and shall be suffi- cient in any Court of Law or Fquity to justify all Persons wiio shall act under the siinie. And be i: further ordained and enacted by the Authority aforesaid, That it shall and may be lawful to and ti)r the several Proprietors of the said Railroail or llnilertal.ing to sell and ilispose of his, her, or their Share or Shares therein, subject to the Kules ami Coiulitions herein inentioneil ; and any Purchaser shall have a Duplicate Deed of Uaigain and Sale and Conveyance niaile unto hlin or her or them beliire 'I'wo Witnesses ; and one Part of such Deed, dulv executeil by the Seller anil Puichaser, siiall be delivered to the said Coimnilte'e o: their Cleik fiir the Time being, to be tiled and kejit tiir the Use of tiie said Company, and an Kiitiy thereof shall be made in a Rook or Books to be kept • • 'lie said Clerk f()r that Purpose, and tiie said Clerk is hereby reijuired t<» 111. ,Ud\\ and they are iiereby required to cau-e a true, exact, aiul jiarlicular -Account to be kept, and amuialiy made up and balanced on the Tenth Day of .ianuary in each Year, of tiie .Money collected and received by the said Com- pany, or by the Connnitfee or Treasurer of the saiil Coini)any, or ollierwise, for tlio Use of the said Company, by virtue of this Ordinance, and of tlu; Charges and Expenses attending the erecting, making, su|)|)orting, maintaining, and carrying on tiie said Works, and of all other Receipts and Expenditure of the said Company or the said Coniniittee ; and at the semi-annual .Meetings of the I'roprielors of the said Undertaking to be from Time to Time holdt'u as aii)re- said, or at Bome Adjournment thereof, a Dividend shall, after the said Railroad shall i)ave been completed fioin .Montreal to Coteau du Lac as afiiresaid, be made out of the clear I'rotits of the said L'ndertaking, uidess such semi-annual .Meetings shall declare otiierwise; and such Dividends shall be at and after the Jiate of so much per Share upon tiie several Shares held by the .MendxTs thereof of t!ie Joint Stock of tiie said (Jompany ; Provided alwavs, that no Dividend shall be made whereby the Capital of' the said Company shall be in any Degree reduced or impaired, "nor shall any Dividend be paid in respect of any Share, after a Day ajipointetl fbr Payment of any Call for Money in respect thereof; until such Call shall have been paid. And AND SPECIAL COUNCIL OF LOWER CANADA. 105 No. I JS. I'rovidetl always, and be it further ordained and enacted by the Authority aforesaid, That it shall and may be lawful to and for the .said Company of Fro- ^,^|,i„|^ , ,i„i|^„^,, prietors, their Successors and Assigns, from Time to Time, at any Cieneral fron, M„n„e,i to Sleeting of the said Proprietors, to make any such Bye Law or Bye Laws for i.„int u iteundet. ascertaining or fixing the Price or Sum or Sums of Money to be charged or taken for the Carriage of any Parcel not exceeding One hundred and twenty Pounds Weight upon the said Railroad, or any Part thereof, as to them shall seem fit and reasonable ; and the siiid Company of Proprietors, and tiioir Sue cessors and Assigns, shall from I ime to Time print and stick up, or cause to be printed and stuck up, in their Office, and in all and every of the Places wliere the Tolls, Rates, and Dues are to be collected, in some conspicuous Place there, a printed Paper, ascertaining and particularizing tiiu Price or Sum or Sums ot Money to be charged or taken for the Carriage of such Parcels, not exccedmg One himdred and twenty Pounds Weight as albresaid, upon the ^ said Radroad, or upon any Part thereof. . • ■ 'n , And be it further ordained and enacted by the Authority aforesaid, 1 Imt the said Company of Proprietors shall, within Six Calendar Montiis after any Lands shall be taken for the Use of the said Railroad or Undertaking, divide and separate, and keep constjuitly divided and separated, tiie Land so taken from the Lands or Grounds adjoining thereto, with a sufficient Post and Rail tence. Hedge, Ditch, Trench, Bank, or other Fence sufficient to keen ott Hogs, Sheep, and Cattle, to be set and made on the Lands or Grounds which shall be l)urchased by, conveyed to, or vested in the said Company of Proprietors ci aforesaid, and shall at their own Costs anil Charges from 'lime to lime mrm- tain, support, and keep in sufficient Repair tiie said Posts, Rails, Hc.ges. Ditches, Trenches, Banks, and other Fences so set up and made as aforr saiil ; .ind the said Company of Proi)rietors, as soon as conveniently may be atlf r each of the said Sections of the said Railroad .shall be comoleted, before the siyne .siiall be opened to the Use of the Public as afi)resaid. shall cause the said Railroad, or so much thereof as shall be so completed, to be measured, and Stones, with proper Inscriptions on the Side or Sides tiiereof. denoting tiie Di.stances, to be erected, and for ever after maintained, at the Distance of every Mile from eaci other. And be it further ordained and enacted by the Autiiority aforesaid, lliat whenever any Farm or other Lands belonging to the same Person or ersons shall be divided and separated into Two Parts by the .said Railroad the said Company of Proprietors shall erect and place a (Jate or other moveable Barrier on each Side of the said Railroad in such Manner as to allow to the siud 1 erson or Persons a convenient Passage and Comnumication to, with, and between the Parts of the said Farm or other Lands so divided and separated as aforesaui : Provided always, that it shall not be lawful for such Person or Persons to cross or in any Manner pa.ss over the .said Railroad save and except at the 1 lace where such Gates or Barriers shall be so erected as aforesaid ; and provided akso. that it shall be lawful for the said Company of Proprietors to make such Rules and Bye Laws for the opening and closing. Regulation, keeping, and using of the said (Jates or Barriers as may be necessary or expedient for m.?ing to the said Company the .safe and unobstructed Use of the said Ila road, and to impose for each Offence against such Rules and Bye Laws, o ay of them, a Penalty not exceeding Five Shillings Currency, to be recovered in 'like Manner as other Penalties under this Ordinance may be recovered. And be it further ordained and enacted by the Authority aforesaui. 1 hat the ,aid C^ompany of Proprietors, tlieir Successors and Assigns, or the s^'d Lorn- m tee oil their Behalf acting by their Clu.irmaii for tiie 'lime bemg, shall and ar c«reby 1. '^^ »" ''''^^' a sulHcient Security by One or more Bmul or Bonis in a sufficient Penalty or Penalties from tl.e.r Ireasurer. Re- ceTver and Collector for the Time being, of the Monies to be raised by virtue of Ihh Ordinance, for the fliitliful Kxecution by such Treasurer, Receiver, or Collector of his and their Office and Offices respectively. And whereas several Persons have subscribed or may hereafter sub.scnbe to advance M my towards carrying the Purpo.ses of this Ordinance mto execu- fim. be it therefore further ordained and enacted by the Authority aforesaid, 1 hat ""several Person and Persons who have subscribed or may hereafter subscribe to advance any Money for and towards making and maintaining he said Ra.hoad afrolhci Works connected therewith shall and they are hereby required (■4..) ^ 106 ORDINANCES PASSED BY THE GOVERNOR No. lyx MakiiiK » llAilrutU Ironi Moiitreiil to I'vini it Henudei. to pay the Sum or SiimH of Money by tliein respectively subucribed for, or sucti rnrUi or I'ortions thereof u» shall be culled lor from Time to Time by the Hiiid t omiwny of Proprietors, under and by virtue of the Powers and Directions of tins Ordinance, to such Person or Persons and at such Times und Places as sliiiil bo directed by the said Company of Proprietors, or the said Connnittee, in maimer betlire mentioned ; and in case any Person or Persons shall neglect or refuse to pay the same at the Time and in maimer required tor that Purpose, it shall be lawful for the said (.'oujpany of Proprietors to sue t()r and recover the same in any Court of Law having competent Jurisdiction. And bo it further ordained and enacted by the Authority aforesaid, That all Fines and Forfeitures imposed by this Ordinance, or which shall be imposed by virtue of anv Itule, Order, or Hye Law to be made in pursuance thereof, (of which Rule, Order, or Hye Law, when ])roduce(l, all Justices ai«; hereby required to take notice,) the levying and recovering of which Fines and Forfeitures are not par- ticularly herein provided f()r, shall, upon i'roof of tiie Olfence before any One or more Justice or Justices of the Peace tor the District of Montreal, either by the Contession of the Party or Parties, or by the Oath or Allinnation of any One credible Witness (wliicii Oath or Affirmation such Justice or Justices are hereby empowered and recpiired to ailminister without Fee or Reward), be leviecl by Distress and Sale of the OHender's (loods and Chattels by Warrant under the Hand and Seal or Haiuls and Seals tice or Justices shall tliink proi)ei', unless sucii Penalty or Forfeiture, and all Costs and Fxpenses attending the same, shall be sooner l)aid and sati>tieil : I'rovided always, that the Informer or Pro.secutor shall be deemed and taken to he a competent Witness in any Prosecution luider this Section, if such lnfi)riner shall, betla-e giving his or her Fvidence, renounce his or her Right to any Portion of the Penalty sued for, wliicli i'enalty shall in such Case belong wholly to ller Majesty, f()r the public Uses of the Province. And he it further orilained and enacted by the Authority aforesaid, That if any Pc'son or Persons shall think himself, herself, or themselves aggrieveil by any thing done by any Justice or Justices of tiie Peace in pursuance of this Ordinance, every such I'erson or Persons may, within Four Caieiiilar Months after tlie iloing thereof, appeal to the Justices of the Peace at the (Jeneral Quarter Sessions to be hoUien in ami f(>r the District of .Montreal. And be it further ordained and enacted by the .Vuthority atiresaid, That it any Action or Suit shall he brought or comuieiued ag.iinst any Person or Per- sons t(ir any thing done or to be done in pursuanei' of this Ordinance, or in the Kxi'cutinn of the I'owers and .Authorities, or the Order^ and Directions hereiii- hef()re given or granted, everv such Action or Suit sliall he brought or com- menced within .Six Calendar Months next after the J'"act connnitted; or in ease there shall be a Continuation of Damage, then within Six Calendar Months next after the doing or connnitling such Damage shall cease, and not afterwards, and the Defendant or DetiMulants in sucii Action or Suit may plead tlu(ieneral Issue, ami give tiiis Ordinance and the sjiecial .Matter in IMdence at any Trial to he held thereupon, and tiiat the same was done in pursuance ami by the Authority of this Ordinance, and it' it siiall appi'ar to have been so done, or it any Action or Suit shall he brought after tiie Tune so limited for bringing the same, or if the Piaintifi" or Plaintiffs shall be nonsuit, or discontinue his, her, or their Action or Suit after the Defendant or Defendants siiall have apjieared, or if Judgment shall be given against the PlaintiHis, the Defendant or De- 2 fendants ■"SI AND SPECIAL COUNCIL OF LOWKR CANADA. 107 f'cndun » shall have full Costs, aiul siiitll have siicii Remedy for the same as No. Ii3. any Dt^eiidaiit or Defendants hatli or liave for Costs of Suit in other Cases l)y \mv,\ iMnKinu • U.iiliijitd A' I 1 ., ,. ^, 1 • 1 1 ■ . .... ,. .1 .1.1 ''"I" Moiilr«»l 111 nd lie It turther ordauied and enacted hy the Authority aJoresuid, I hat it i'o„i;, Heiudci, shall and may be lawful li)r tiie said Company of Proprietors, in constructing and making the said llailro.ul, to connect the Island of Montreal, at or near St. Anne's, aforesaid, with the main Land at or near Vaiidreuil aforesaid, by means of Bridges, and across the several inlernudiate Islands, by Hridges and Railroad crossing the Outlets of the Ottawa River at or near St. Anne's anil Vaudreuil resi)ectivelv, to be iield and appropriated to the exclusive Use ot this ,s4iid Railroad or tJiidertaking, to the end of obUiining and securing a free and uninterru|)led Comnnmieation by Rail-route, without the Necessity of Trans-shipment along the whole Jloute of the .saiil Railroad from Montreal to the Termination thereof i and tlii' said Company of l'ro|)rietors shall be and thev are hereby fiuthcr authorized to take and appropriate, for the Use of the said Railroad and Undertaking, so nuicli of tlie Land covered with the Waters of the St. Lawrence and Ottawa Rivers respectively, or of their res])ective Ijeds, as may be tound neeessarv lor the makuig and complelmg or more conveniently using the same, and thereon to erect anil construct such Wharves, Quays, Inclined Plani's, Cranes, anil other Worls as to the said Com- |)any shall seem meet : Provided always, that the said Company shall not obstruct the tree Navigation of the said Kivers Ottawa or St. Lawrence, or of any Outlet thereof, and shall in making such Bridge or Bridges leave such Opening or Openings of such Width and Height over the Channel or ("hannels of the said River or Outlets, and between the I'iers of such Bridge or Bridges, as the (io\ernor. Lieutenant (iovernor, or Person administering the Ciovern- ment shall direct, and shall construct such Bridge or Bridges, and use the Bed aiul Waters of the said Biver or Outlets, in such Manner only as they shall be authori/.ed and em|)owered to do by an Instruijient in Writing (accompanied by such Drawings and other Documents as may be necessary to the understand- ing thereof) to be prepari'd at tiie Lxj)ense of the said Company, and assented to and executed by the said Ciovernor, Lieutenant Ciovernor, or Person administering the CJovermnent, uiuler his Hand and Seal, any thing in this Ordinance to the contrary notwithstanding. And be it further ordauied and enacted by the Authority aforesaid. That the said Company of Projjrietors, to entitle themselves to the Benelit and Advan- tages to them granted by this Ordinance, shall and they are hereby retpiired to make and complete the sjiid Railroad from Montreal aforesaid to Coteau dii Lac aforesaid, in manner atbresaid, within Live Years from the jjassing of this Ordinance ; and that the Book and Plan hereby required to be prepared shall be prepared and deposited of Record within Kighteen Months next atler the j)assing of this Onlinance ; and if the same shall not be so comideted and deposited resi)ectively within the said I'eriod, so as to be used by the Pid)lic as af()resaid, then this Ordinance, and every Matter and Thing therein contained, shall cease and be utterly mill and void as t.ir only as regards such of the afore- said Sections of the aforesaid Route of tiie said Railroad as shall not be then comiileted and in use, but shall remain in full Force and Ltfect with regard to any Section or Sections of the saiil Uaiiroad which .shall be completed and in use to the Public within the said 'i'erm of Five Years, as fully as if the whole Distance to Coteau ihi Lac aforesaid were completed, any thing in this Ordinance contained to the eontiaiy iiotwilhslanding : Provided always, tiiat il the said Railroad shall not have lieeii commenced, or if the Sum of Twenty thousand Pounds Currencv, or a greater Sum, .shall not have been expended o;i the said Railroad and the Works thereunto appertaining, within Two \ ears and Six .Months tiom the passing of this Oidiuance, then this Ordinance, and every Matter and I'liiiig therein contained, shall cease and become utterly null and void and of no etfect, unless One Section at least of the said Railroad shall base been completed and in use before the l^xpiration of tiie snid Term ol Two Years from the jiassing of this Ordinance. And be it further ordained and enacted by the .Vutbority atbresaul, Ihat at any Time before or after the makiui; and completing the said Railroad or Under- taking it shall and may be lawful for Her Majesty, Her Heirs and Successors, to assinue the Possession and Property of the same, and of all and ever^ the Works and Dependencies thereunto belonging or in anywise appertaunng, (t.) o y "P"» \n 108 ORDINANCES PASSED BY THE GOVERNOR I Mf 0. 143. upon payinc to the said Company of Proprietors, tlieir Siiccesnors ami Assigns, the full Amount of their respective Shares, or of the Sums fiirnishecl and Makiiifi » Utilroxl from Miiiureil to I'uiiil ii lleiiiiil*!. \ !»tlviuice»l hy siuli Siibseriher tdwanls muitinjf anil completing the saiil Huilroad iuid Works connected therewith, together with such further Sum us will amount to Twenty per Centum upon tlie Monies so advanceil and imid, as full Indenmi- rication to such Company of I'rojirietors, by aunual I'ayments of at least I wenty per Cent., allowing moreover to the said Company Six per Cent. Interest upon the unredeemed I'art of the CajnUl, hut not allowing them any Interest upon the Advance of Twenty per Cent, which is allowed them .-mi aforesiiid ; and the said Railroad or Undertaking, and all and every the Works and Dependencies thereunto belonging, shall, from the Time of such Assump- tion in manner aforesjiid, appertain and belong to Her Majesty, Her Heirs and Successors, who shall from thenceforward be substituted in the I'lace and Stead of the saiil Company of Proprietors, their Successors and Assigns, for all and every the PuriKises of this Onlinance, in so far as reganls the said Railroad «)r Undertaking. .... ,. . , .,., And be it further ordained and enacted by the Authority aforesaul, Ihut the said Company of Proprietors shall, between the First Day of Junuarv and (he ■fhirty-first Day of l)ecen\ber in each and every Year, und at such Time within the sail! Periods as the Ciovernor, I.icutenant dovernor, or Pei .ni adniinisleuug the Ciovernmcnt of the said Province shall appoint, lay beh>re him, or such Officer as he shall direct to receive the same, a detailed aial particulr. Account, attested upon Oath, of all .Monies by the said C()mj)au' received or expended mider the Authority of this Ordinance, with a Sut ;i . .a of the Amount of Tonnage and of Passengers conveyed along the siiid Railroad, or such Section or Sections thereof ;« shall then be completed and in use. And be it further ordained and enacteil by the Authority aforesaid. That nothing herein cimtained shall affect or be construed to afiect in any Manner or Way whatsoever the Rights of Her .Majesty, Her Heirs and Successors, or of any Person or i'ersons, or of any Bodies Politic, Corporate, or Collegiate, such only excepted as are herein mentioned. And be it further ordained and enacted by the Authority aforesaid, 'I'hat this Ordinance shall l)e ileemed and taken to be a I'ublic .Vet or Ordinance, and as such shall be judicially taken notice of by all Judges, .lustices of the Peace, and others, without being sjjecially nleaded. And be it further ordaineil and enacted by the Authority aforesaid. That this Ordinance shall be and is hereby m.ide permanent, and shall remain in force until repealed or altered by competent Authority. (Siirned) C. Poui J LETT Thomson. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the Great Seal of the Province, at the (Jovern- nient House in the City of Montreal, the Twenty-iiftli Day of June, in the Fourth Year of the Reign ot our Sovereign Lady Victoria, by theCJrace of God of Great Britain and Ireland Queen, Defender ot the Faith, and so forth, and in the Year of our Lord One thousand eight hundred and forty. By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Spcci;d Council. I hereby certify the above t ■ ht ft ii-iic l opy of nn Onlinance passed by the (Jovernor of tlie i'roviuci; of Lower Canntia, by and with the Advice and Consent of the Special Council for liie Alf.iirs of ihe said Province, on the Twcnty-fillh Day of June One tliousand ei^lit linndred and forty, and in the Fourth Year of Her Majesty's lieign. (Signed) W. B. Lindsay, Clerk Special Council. AND SPECIAL COUNCII, OK LOWER CANADA. 109 (<-'opyO No. 14^. No. Ml. An Urilinnnie In ri'pi'al in jitirt, niiil ti> mnnnil, and lo render permanent an imnce rtlmir* i.> amended, n rertnin Ordiminre therein mentioned, relative to Tnverns and i;«»trii.miil l»»trii Tavern Kee))ers ; and lo make further Provision rehitive to the name ^^' 'V*"- Subject). [Passed 'iMU June 18M).] WiiKiiiMS it is expedient tti amend and render |)crnmnent aeertuin Ordiniince passed in the Seronil Yeur (.(' Her Majesty's Uei^n, and nititided " An Ordi- nance to anieiid a certain Act therein ineiitioned, and to provide for the belter Kof^nlation of Taverns and Tavern Keepeis," and to niakt; furtiier I'rovision with ref^ard to the same Sidiject ; lie it tiierefore ordaiiieil and enacted by iiis KxceNeney the (Jovernor of the I'rovince of Lower (anada, by and with the A«lvice and Consent of the Special Council tor the AtKiirs of the saiil I'rovince, constituted and assendjied by virtue and under the Authority of an Act of the I'aHiainent if the United Kiiif^doin of (ireat Britain and Ireland |mNsed in the First Year of ilie Uei^n of ller pieseiit Majesty, intituled " An Act to make temporary I'rovision l(>r tiie (Jovennneiit of Lower t!anada," and also by virtue and under the Autliorily ot' a certain other Act of the same Parliament passed in the Session held in the Second and Third Years of the Heign of ller present Majesty, and intituled " An Act to amend an Act of the last Session of Parliament for mikiiij^ temporary Provision liir the (Jovernment of Lower Canada," and it is heri'by ordained and ennted by the Authority of the said Acts of Parliament, That anv Complaint t()r any Otfence against any of the i'rovisions of the Ordinance nerein-befiire citeil may be |)rosecuted betore any Two .Justices of the Peace resiiliuf^ in tin; Comity in which the OHence shall have been connnittetl, and such Justices of the Peace shall, with rej^ard to such Offender and to such Offence, and to all the legal Consecpieiices thereof, have all the Powers, Authority, and Jiirisiliction vested with reijard to the same in any Two Jtisliees of the I'eace residui;; within the Parish, Seigniory, or 'i'own- ship in which the (Jif'ence may have been connnitted by the Seventeenth Section of the said Or. v.Iioir. tliey would otherwise liave granted such Certificates ; for ereof, and for the Keliet' oi' tlie Persons to whom Certificates were Persons to Remedv tiiereof, a , . so refused as aforesaid, be it fiirtiier ordained and enacted by tlie Authority aforesaic', That it shall and may be lawi":'' for the Justices of the I'eace residing ill tlie said City of Montreal, and the Suburbs or Banlieue thereof, at a Special Session wiiidi tiiey are hereby authorized to hoKl on some Day in the iMontli oi'.hilv in flie jireseiif Year One thousand eight hundied and tbrty, to uriiiit CertitiJites of Qnalitieation for keeping Houses of ])ublic Entertainment, and tor retailing spirituous Liipiors therein, to all Persons to whom they were ind:ic< bv iiisuHicient Information to refuse such Certificates at the said Sjicci Sission held in the Month of January One ihousand eight hundred anil !" . ^' ; and the Certificates to be so granted «hall have the same Force and EtVeci, until the Twentieth Day of May One ihousaiui eight hundred and fiiilv-one as if they had been • in tlie City of Montreal, the Twenty-fifth Dav of June, in tlio Fourtii Year of tlie Reign of our Sovereign Lady Victoria, by the Grace of (iod of Great Britain and Ireland Queen, Defender of the Faith, and so tbrtii, and in the Year of our Lord One thousand eight hundred and forty. IJy his Excellccy's Command. (Signed) W. P. Lindsay, Clerk Special Council. I iionhy ccrlity tlie above lo 1r' a tnie Copy of an Ordinance j)a>-,c(l by llij Governor of the Province sci.l ill , ill the entv-tifili iovereign I Irelaiul ir of our AND SPECIAL COUNCIL OF LOWER CANADA. Ill That from and after the passing of this Ordinance so much of an Ordi and the s.une is hereby repealed. And be it further ordained and i nacted by the Autliority aforesaid, Tliat it -.hall be lawful fi)r the (Jovernor of tiiis Province, by a written Instrument, to order any I'erson who heretofore iiatli been, or now is, or may hereafter 1 on more . , -. . 1 t !• • ' .' become resident in any ot the Indian Villages in this IVovince, to remove from such Villagj ; and in case of default by the said I'erson or Persons so to remove froin such Indian Village, within Seven Days from such Order being signified to him, he shall forfeit the Sum of Five Pounds C'urreiicy for each and'^ every Day after the said Seven Days (iiiring which he shall continue to reside or remain in such Indian Village, with all Costs of Prosecution, and shall sutler Imprisonment for a Period not less than One iNlonth and not exceeding Two Months, and ftutlier until he >^hall have ]Mn\ the said last-nieiitioned Penalty and Costs. And be it further ordained ai"l enacted by the Authority aforesaid, Tiiat all the PcnaUies imposed by the Second aiid Third Clauses of the said Ordinance for the Offences therein specified, and all the Penalties and For- feitures imjjosed by this Ordinance, shall he recovered by Information behalf of Her Majesty, Her Heirs or Successors, befi)re aiiy Two or of H<>r Majesty's Justices of (!\e Peace i'ot the District or Division of the said Province in which the Offence shall have been committed, and such Two or more .Justices of the Peace are hereby authorized ami required to hear and deterniine smcIi Infiirmation in a summary Manner, and upon the Oath of One cr"dible AVitn -ss, and to levy the said Penalties, together with the Costs of suing f()r the same, by a Warrant to seize and sell tiie Goods and Chattels of the Person or Persons offending, and to iiilliet the saiil Imprisonment in tiie Manner ]ieiein'bef()ie provided ; all wliicli said Penalties and Forfeitures shall be paid into the Haiuls of Her .Majesty's Receiver General for the Uses of ibis I'rovince. And be it flirthei ordained ami enacted by the Authority aforesaid, 'I'liat all liit()rmations under and by virtue of this Oiciluance shall be brought witliiii Six Calendar Mouths from the 'fime that the Olfenee shall have been com- mitti 1, and not afterwards. Ai ! be it further ordained and enacted Dy the Authority af'oresaiil, That ihr Word ' (iovernor"- shall be taken and held to mean and' eompiehend as well the (iuvernor as the Lieutenant (Jovernor and Person administering liie (iovernment ot'tliis Pioxiiue f()r the Time beini;. And be it furiher ordained and eiiactcil by the Authority aforesaid, '1 hat this Ordinance shall be and r"iu:!in a permanent Law and in fiill I'orce until it ^hall be ri'pealed by eompetenl Authority. (Signed) C. Poi i.inr Tiiomsox. Ordained and euaeled in tlie Authority af()resaid, and passed in S|)ecial Council iiiuler the (ireat Seal of the Pro\iiice, at the CJoveni- inent House in the City of Montreal, the Twcnty-tif'th Day of .June, ill the Fourth Year of the Ueign ol' our Sovereign Lady \'ictoiia, by the (iiace of (iod of' (ireat Ihitaiu and Ireland (^ueen, Di'feiulei o\' tlie Faitli, and so fi)rlh, and in liie Year of our Lord One thousand eight lunidred and tlirtv. liy his Fxcellency's Command. 'Signed) \\. IJ. Lindsav, Clerk Special Couiu.'il. 1 In ivliv ci itily llio iiliDve U> in- a true Copy of an Ordiimiici' |i;iss('ii 1)V tlu' (lovcM'iior ol till' Province of Lower (. niKida, In' ami witli lilt Advice anil C'oiisiiU ol' llic S|)ecial t'oaiicil (or llie Afl'airs ol' ilio Kiiiil Province, on the 'I'Miiily-lillli Day ol' .luiic: Oiiu thoiisaiiil < it;lil liniiilred and I'orly, and in llie I'omlli Year ot Ili'r Majesly'!. Reign. (Signed) W. li. I.INDSAV. public (!■•) Cieik Special Council, O 4 V\ 112 ORDINANCES PASSED BY THE GOVERNOR No. 150. (Copy.) No. 156. Safe kceiiiiig of (iiin))Owd(r within the City of Mont- real. An Ordinance to proride more effectuaUif for the mife storing and keeping of Gunvou-der within and near the Citj/ and Town of Montreal. ■' ' [Passed lOtli June 18J.U.] WuFREAS it is expedient and necessary to make more effectual Provision for the safe storing and keeping of (iun,)()vvder in and near the City and lown of Montreal; be it therefore ordained and enacted by his Kxeelleney the Governor of tiie Province of Lower Canada, by and with tiie Advice ant^ Consent of the Special Council ibr the Affairs of this Province, coiistitiited and assembled l)v virtue and uiuler the Authority ot an Act ot the 1 ar lament ot the United Kin^nlom of (neat Britain and Ireland passed m the I'lrst \ear of the Rei Time, in any House, Building, or Place, other than and except in a Building or Building- constructed or to be constructed of Stone covered with Metal, made Fire-proof, and furnished with jiroper Lightning Rods or Conductors, and at the Distance of at least Two huiulrctl I'eet on every Side from any other Building whatever, which Budding or Buildings, constructed and completed as aforesaid, before any (iunpowder shall be stored or kept therein, shall be certified by a I'l-rson of competent Skill to be sufficient for the siife storing and keeping of 'Gunpowder therein, and shall be approved of, as being sufficient for that Purpose, by Two or more of the Justices of the Peace resident in the saiii City or Town of Montreal. And be it further ordaine'd and enacted, That any Person or Persons who .shall store, keep, or have any (Quantity of (iunpowiier exceeding the said Quantity of Twenfy-tiye I'ouiids at any One Time, in any Building or Place within the Limits a'foresaid, other than and except in a Building lonstructed, covered, furnisiied, and situated as aforesaid, shall forfeit to Her Majesty, Her Heirs and Successors, for every such OHence the Sum of Ten Pounds Sterling Money of (ireat Britain, and all and every such (iunpowder so stored or kejit contra'ry to the Provisions of this Ordinance shall he and remain forfeited to Her Majesty, Her Heirs and Successors. .\nd "be i't further ordained and enacted, That One Half of the said Penalty of Ten Pounds, and of the (iunpowder ti)rfeited in virtue of this Ordinance, shall belong to the Person who >Iki1I sue ti)r the same within Three Months from the ( ommission of the Otl'eiice, and One Half thereof to Her Majesty, Her Heirs and Successors ; and the said IVnaltv maybe sued t()r and recovered, and the Forfeiture of (iunpowder in ))ur..uaiiee of this (Ordinance be declared and adjudged, in any Court of Record in this I'rovinee, or by and before any Two Justices of the Kace for the District of Montreal, who may cause the said I'enaltv, with Costs, to he levied by and under their Warrant of Distress, alter Convc'tion of the OU'ender or OU'eiuleis, on the Oath of One or more credible Witness or Witnesses other than the Informer, and shall and may declare and adjudge such Forfeiture of (iunpowder as iiloresaid, and that the same be sold, and the Proeeetls thereof divided, under their .Vuthorify, accorthng to the J'rovisions of this Ordinance. And be it further ordained and enactecl, I'hat it shall bo lawful for any Justice of the Peace fiir the District of Montreal, on Information and Complaint on Oath made before him, or on Complaint by any Two or nioie Householders, being Inhabitants within the said Limits, .assigning a reasonable Cause for believing that any (Quantity of (iunpowder exceeding in Weight 'I'wenty-five Pounds is stored or kept within the Limits afbresaiil, ec contrary to the I'rovisions of AND SPECIAL COUNCIL OF LOWER CANADA. 113 nit keeping real. line ISiU.] rovision for ami Town 'lloiicv the Wlvice and constituted uiiainentot' First Year temporary virtue and , passed in ler jnesent I'ariiament, nada," antl Its of Par- ng, it siiall 'p, or iiave, from the lit Twenty- :r than and d of .Stone Lif^htning 'tl I'ei't on Ikiildings, 1 be stored )e sufficient e approved tices of the ersons who ig the said ig or I'iacc onstrueted, ajesty, Her ids Sterling red or ke|)t forfeited to aid Penalty Ordinance, ree Months er .Maji'sty, I recovered, he dei'lared : before any use the said stress, after ire credible ileclare and me be sold, ling to the '\il for any 1 Complaint luseholders, ' Cause for 'I"wenty-five e i'rovisions of of thi3 Ordinance, to issue his Warrant under his Hand and Seal, to be directed Nc. ijp. to One or more Constables of the said City and Town of Montreal, for the -7- Seizure of the said Gunpowder, and for the Conveyance of the same to a Safekeeping ol Place in which it may be lawfully stored and kept with Safety ; and the TeTtv o^Mom"' Constable or Constables charged with the Execution of any such Warrant shall real. ' have full Power and Authority to enter into, and, if there shall be Occasion, - to break open the Door of the House, Building, or Place mentioned in such Warrant, in the Day-time only, and there search for, seize, and secure such Gunpowder, to be conveyed as aforesaid, and to be detained until it shall be determined, in due Course of Law as aforesaid, whether the same hath been or shall be declared forfeited by virtue of this Ordinance. Provided always, and be it further ordained and enacted, That this Ordi- nance, or any thing herein contained, shall not be construed in any Manner to relate to or affect any Storehouse or Magazine belonging to Her Majesty, Her Heirs or Successors, wherein Gunpowder or other Stores shall be kept for the Use of the Public, or to the Conveyance of Gunpowder to or from Her Majesty's Magazines, or by Her Majesty's F.orces employed on a Military Service. And be it further ordained and enacted. That this Ordinance, and the Pro- visions tlierein, shall not cease or expire on the First Day of November which will be in the Year of our Lord One thousand eight hundred and forty-two, but shall be and remain a permanent Law, and in full Force in this Province, until the same shall be repealed or altered by competent Legislative Authority, and shall also be held and taken to be a Public Act, and as such judicially taken notice of in all Courts, and by all Judges, Justices, and others, without specially pleading the same. (.Signed) C. Poulett Thomsox. Ordained and enacted by the Authority aforesaid, and passed in Special Council under the (ireat Seal of the Province, at the Govern- nieiit House in the City of Montreal, the Sixteenth Day of June, in the Third Year of the Reign of our Sovereign Lady Victoria, by the (Jrace of God of Great Britain and Ireland Q'icen, Defender of the Faith, and so forth, and in the Year of our LoiU One thousand eight hundred and forty. By his Excellency's Command. (Signed) W. B. Lindsay, Clerk Special Council. I hereby certify the above to be a true Copy of nil Ordinance passed l>y tlie Governor of the I'rovince of Lower Cnnaila, l)y and with the Advice and Consent of the Special Council fur liie Atlairs of tlie said I'rovince, oa tiie .Sixteentli Day of June One tliousand ei(;ht hundred and forty, and in tlie Tiiird Year of Her Majesty's Ileign. (.Signed) W. B. Lindsay, Clerk Special Council. No. 1,j7. No. IJT. An Ordinance for making a Railroad from Carillon fo (irenville. MukiunTuailroad [ Passed 'JGth June 1840.] fro„i ( ;irilloii tu GrtnviUf. WiiF.UKAs the seseral Persons herein-after mentioned have by their Petition representeil the public Advantages which would arise tiom the Construction of a Uailroail from (Carillon, on tlie River Ottawa, to Greiiville, also on the said River, so as to faciliUte the Carriage of Passengers, Goods, Wares, and Mer- chandize between that Part of tlie saiil River lying below the Rapids of the I.,ong Sault and that Part thereof lying above the same, and thereby to promote and encourage the Trade and Intercourse between the City of Montreal aiu! those Places in this Province lying above tlio said Uapids. and also between lil (»••) tins 11« ORDINANCES PASSED BY THE GOVERNOR No. 157. ,M»kii)i2 n Knilro.id I'luni Carillon lo Orenville. this Province and the Province of Upper Canada ; and have by the said Petition prayed to be incorporated, and that divers Powers and Privileges may be granted to them for the Purpose of enabUng them to construct such Railroad : And whereas it is expedient to grant the Prayer of the said Petitioners, subject to tiic Enactments, Provisions, and Limitations lierein-after set forth and contained; be it therefore ordained and enacted by his J2xcellency the Governor of this Province of Lower Canada, by and witii tiie Advice and Consent of tiie Special Council for the Art'airs 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 Ueign of Her jjvesent 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 Ueign of I'er present Majesty, intituled " \n Act to amend an Act of the last Session of Parliament for making tem|)i)rary Provision for the Government of Lower Canada," and it is hereby ordained' and enacted by tiie Authority of the same, and by virtue of the Powers in them vested by 'the said Acts of Parliament, That Charles John Forbes, Edward Jones, John Lee, William Smith, Charles Forbes junior, William Jameson, Joseph Abbott, Horace Lee Forbes, Arthur Lloyd, George Morrison, and such others as may hereafter, under the Provisions of this Orili- nance, become Subscribers to and Proprietors of any Share or Shares in the Railroad hereby authorized to be made, and their several and respective Heirs, Executors, Administrators, Curators, and Assigns, being Proprietors of any Share or Shares in tiie said Railroad, shall be and are hereby constituted a Cor- poration, Body Politic and Cor])orate, for tlie making, completing, carrying on, and maintaining the said Railroad according to the Provisions and Enactments (if this Ordinance, by and under the Xaine and Style of " The Company of Proprietors of the Upper and Lower Ottawa Railroad," and by that Name shall have perpetual Succession, and shall have a Common Seal, and by that Name shall and may sue and be sued, anil also shall and may have Power and Authority to purchase Lands, Tenements, and Hereditaments, construct or hire Wharves, Storehouses, or other liuildings for the Con- venience of tliemselvcs, their Successors and Assigns, for all usefid Purposes connected with the said Railroad, without Her ^lajesty's Lettres d'amortisse- ment ; and for the Purposes aforesaid the saiil Company of Proprietors, their Deputies, Servants, Agents, and Workmen, are hereby authorized anil empowered to make and complete a Railroad, from a Point on or near the River Ottawa, and at or near C'ariilon ati)resaiil, to a Point on or near the said River at or near (jrenville aforesaid, in as direct a Line as local CircumstiUices and the Nature of the Ground will permit, and are for tliat Purpose hereby aiilhori/ed and emjiowered to enter into and upon the Lands and CJrounds ot the Queen's most Excellent Majesty (subject to the Limitations herein-after expressed), or of any Person or Persons, Doilies Politic, Corporate, or Col- legiate, or Connnunities whatsoever, and to survey and take Levels of the same or any Part thereof, and to set out aiul ascertain such Parts thereof as they shall think necessary and projjcr for n^iking the said intended Railroad, and all such other Works, .Matters, ami Convi-nieuces as they siiall think l)roper a.id necessary for making, effecting, preserving, improving, com|)letiTig, inaiutaining, and using the said iutendeel liaihoad and other Works, and also to bore, dig, cut, trench, get, remove, take, carry away, and lay Earth, Stone, Clay, Soil, Rubbish, (i ravel, Sand, Trees, Roots of '1 rees, and otiier Ahitters or 'rhiiigs which may be dug or got iu making tlie said intended Railroad oi otiier Works, on or out of the Lands or (iioumis of any Person or Persons adjoining or lying convenient thereto, and which may be proper, reipiisite, or necessary fi)r making or repairing tiie said iiiteiided Railroad, or other Works incidental or relative thereto, or which may hinder, prevent, or obstruct the making, using, or comjil'-iling, extending, or maintaining the same respectively, accoiding to the Intent and i'urposes of this Oiihnance, and to make, build, erect, and set up, in or uiion the said intended Railroad, or upon the Lands adjoining or near tlie same respectively, siicii and so many Houses, Ware- houses, Weighing-beams, Cranes, Fire Engines, Steam Engines, locomotive, stationary, or other Engines, Inclined Planes, Machines, and other \\'orks, Ways, Roads, and Conveniences, as and when the said Company of Proprietors stial AND SPECIAL COUNCIL OF LOWER CANADA. 115 shall think proper, requisite, and convenient for the Purposes of the said Railroad, and also troni Time to Time to alter, divert, rejjair, widen, enlarge, and extend the same, and also to make, maintain, repair, and alter any Fences or *'*''' Passages over, under, or tlirougli the said intended Railroad, ami to consUuct, o°"^, erect, and keep in repair any Piers. Arches, and other Works upon or across any Rivers or Brooks, for the making, using, maintaining, and repairing the said intended Railroad, and to construct, erect, make, and do all otiier Matters and Things which they shall think convenient and necessary for the making, effecting, extending, preserving, imnroving, completing, and easy using of the said intended Railroad and other Works, in pursuance of and according to the true Intent and Meaning of this Ordinance, they the said Company of Proprietors doing as little Damage as may be in the Execution of the several Powers to them hereby granted, and making satisfaction in manner herein- after mentioned to the Owners or Proprietors of or the Persons interested in Uie Lands, Tenements, or Hereditaments, Waters, Watercourses, Brooks, or Rivers respectively, which shall be taken, used, removed, ])rejudiced, or of which the Course shall be altered, or )()r all Damages to be by such Owners or Proi)rietors sustained in and by the Execution of all or any of the Powers granted by tiiis Ordinance, and this Ordinance shall be sufficient to indemnify the said Company of Pro])riet()rs, and their Servants, Agents, or Workmen, and all other Persons whomsoever, for what they or any of them shall do by virtue of the Powers hereby granted, subject nevertheless to such Provisions and Restrictions as are herein-after mentioned. And be it further ordained and enacted, by the Authority aforesaid. That, for the Purposes of this Ordinance, the said Company shall, by some sworn Land Surveyor in this Province, and by some Engineer by them to be ajjpointed, cause to be taken and made Surveys and Levels of the Lands through whicl) the said intended Itailroad is to ])ass or be carried, togetlier with a Plan or Map of such Railroad, and of tiie Course and Direction thereof, and of the Laiuls through which the same is to pass, and also a Book of Reference for the said Railroail, in which shall be set f()rth a Description of the said several Lands, or such Parts thereof through which the said Railroad shall pass, with the Names of the Owners, Occupiers, and Proprietors thereof, and in which shall be contained every thing necessary t'or the right understanding of such Map or Plan, which saiil Map or Plan, and Book of Reference, shall be so made or causeil to be made in friplicate, and siiall be certitied by the Surveyor CJeneral or his Deputy, who shall deposit One I'art thereof in the Office of the Pro- fhonotary of the C'ourt of King's Bench of and lor the District of Montreal, One other in the Office of the Secretary of tjie Province, and the remaining One he shall deliver to the said Comi)any of I'roprietors ; and all Persons shall have Liberty to resort to such C(»|)ies so to be deposited as aforesaid, and make Extracts or Copies thereof, as Occasion shall require, paying to the said Secretary ot'the Province, or to the saiil Prollionotary, at the Kate of Sixpence Current Money of this Province for each and every Hundred Words; and the said Copies of the said Maj) or Plan and Book of Reference, so certified, or a true Cojjy or Copies thereof, certified b\' tiie Secretary of the Province, or by the said Pnnlionolary of thi- Court of King's Bench for the District of Montreal, shall severally bi' and are hereby declared to be good Evidence in all Courts of Law or elsewhere. Provided always, and be it fintlu>r ordained and enacted by the Authority atiiresaid. That where the said Railroad shall croNS any public Highway the Ledge or Elanch of' such Railroad for tiie Purpose of guiding the Wheels of the Carriages shall not rise above ihr Le\el of such Road nor sink below such Level nu)re than One Inch. Provided alwavs, and be it further ordained and enacted by the Authority at()resaiil. That where any Bridge shall be erected or made by the said Company lor the I'urposi' of earryuig the saiil Uiiilroad over or across any public High- way, the Space of the Ari'h of any such Briilge shall be t()rmeil, and shall at all Times be and be continued oi' such Breadth as to leave a clear and open Space under I'ach and every such Arch of not less than Fif'teen Feet, and a Height from the Surliice of such public Highway to the Centre of such Arch of not less than Sixteen Feet, and the Descent under such Bridge shall not exceed One Foot in Thirteen Feet, (4,) P '2 Provided No. 157. ing a Railro.ul Carillon to Orcnville. No. 157. .Making ii llailronil troni Carilluii to (ireiiville. IIG ORDINANCES PASSED BY THE GOVERNOR rroviilcd aUvay.s, and be it further ordained and enacted by the Authority aforesaid, Tliat in all Places where it may be ncce.ssary to erect, biuld, or make any Pridge or Bridges for carrying any public Highway over the said ll-iilroad, the Ascent of such Bridge, for the Purpose ot such Highway, shall not be steeper than One Foot in Thirteen Feet ; and a good and sutticient Fence shall be made by tlie said Company on each Side of each such Bridge, which Fence shall not be less than Four Feet above the Surface of such Bridge. Provided alwavs, and be it further ordained and enacted by the Authority aforesaid. That 'in all Cases where the said intended Railway shall cross any i)iiblic Highway on a Level therewith, the saiil Company shall erect am at all Times maintain a good and sulficient (Jate on each Side ot such ])iibiic Hin'liway where the said Railway shall communicate witli such public High- way, which Gates shall be constantly kept shut, except at such Time as Waggons, Carts, and otiier Carriages passing along the said Railway siiall ha\ e to cross such public Highway, and thev shall be opened for the Purjxwe only of letting such Waggons, Carts, or otiier Carriages pass through ; and every Driver or Person intrusted with the Care of any Waggon, Cart, or other Carriage, or with anv Train of Waggons, Carts, or other Carriages, shall and lie is hereby directed to cause the said Gates and each of them to be shut as soon as such Waggons, Carts, or other Carriages shall have passed through, under a Penalty of Five Shillings for eacii Offence, to be recovered lu liki' Manner as other Penalties under this Ordinance may be recovered. Provided alwavs, and be it further ordained and enacted by the Authority aforesaid. That the said Cominmv of Prni)rietors, in making the said mteiuled Railroad, shall not deviate more tlum Two Arpents from the Course or Direction delineated in the .said Map or Plan, and set forth lu the saul Hook of Reference, nor cut, carry, i)lace,lay ilown, or convey the said Railroad into, through, across, under, or over any Piirt or Parts of the several hstates. Lands, or Grounds now or late belonging or rejjuted to belong to the said several and respective Persons named or described in the .said Book ot Re- ference, other than such Part or Parts as are mentioned in the said Hook of Reference in that Behalf (save in such Instances only as are jjarticularly hereby provided for), without the Approbation and Consent in Writing signed bv tlie Owner or Owners or Person or Persons fbr the Time being entitled to tlie Rents and Profits of .such Estates, Lands, or Tenements respectively. Provided alwavs, and be it herebv fuilher ordained and enacted by the Authority afore.sjud, Tiiat the said ( 'omi)any of Projjrietors shall and may make tlieir said intended Railroad through, across, or i)ver the Lands or Grounds oi' any Person or Persons whomsoever into whose Estates, Lands, orCirounds sucli Deviations as aforesaid shall extend, altiuuigh his, Iut, or their Name or Names is or are not mentioned in the said Hook of Refi-rence, or into the Estate, Lands, or Grounds of anv Person or Persons whose Name or Names hath or have been bv Mistake omitted, or that instead of his, her, or their Name or Names the Name or Names of some other Person or Persons to whom siieli last-mentioiifd Estates, Lands, or Grounds ilo not belong hath or have been by Mistake inserted in the said Hook of Reference. And be it further ordained and enacted by the Authority ufliresaid, Tiiat tlu' Lauds or Grounds to lie taken or used for such intended Itailroad, ami the Ditclies, Drains, and Fences to sejiarate the same from the adjoining Lands, siiall not exceed Twenty Yards in Hreadth, excejit in such Places wiicre tlie said intended Railroad 'shall be raised more than Five Feet higher ()r cut more than Five Feet tleeper tiian the ))ieseiit Surface of the Land, and in such Places where it shall lie deemed necessary to have Offsets t()r the locomotive or other Engines and Carriages using the 'said intended Railroad to lie or pa.ss each other, and not above One iniiuiied and fifty Yards in Hreadth in any sucIi Place, or where any Houses, Warehouses, 'loll Houses, \Vateh-lioiiM'>, Wi'ighiiig- beams, Cranes, fixed Engines, or Inclined Planes may he erecleil, or tiooils. Wares, or Mereliaiuli/.es be delivercil, and then not more than Two. huiulied Yards ill Length by One liumheil and fifty Yards in Hreadth, without the Consent of tlie Proprietors. And be it fintiier o.dained and enacted by the Autliority aforesaid. That after any Lands orCiroiiiuls shall be set out and ascertained in manner aforesaid. for making juid completing tin 5 (! Railroad and other Works, and nilier the Purposes AND SPECIAL COUNCIL OF LOWER CANADA. 117 Authority ;, build, or L'r the said hway, shall [■iciil Keiice dj!;e, which id},'o. : Authority i cross any cct and at uch ])ubiic iblic High- h 'rime as ,' siiall lia\ e ir|)()se only and every t, or other i, shall and be shut as hI through, ired in like ? Authority id intended Course or • said Hook ihoad into, ral Instates, to the said ook of lie- iiid Book of j)artieularly iting signed entitled to ively. •ted" by the il may make (irounds of rounds such le or Names the Estate, Ties hath or .'ir Name or whom such ave been by id. That the id, anil the ning Lands, > wiiere the ;lier or cut and in such locomotivi' (I lie or pass in any such ^, Weiirhing- , or (iooils, wo. hundred without tln' resaid, 'I'hat ler aforesaid, lid fillier the Purposes Purposes and Conveniences iiercin-before mentioned, it shall and may be lawful Niole, Lommimities, Uuardians, Curators, Executors, Adnunistrator.s, and otiier ffo,„ t^rin,,,, ,„ 'i'rustees or Persons wliom.soever, not only tor and on behalf of themselves, tirenviile. their Heirs and .Successors, but also i()r and on behalf of tiiose whom they ■ renresent, whether I.ssiie mibt>rn, Intimts, Lunatics, Idiots, Femes Covert, or other Per.son or Persons, who arii or shall be seised, possessed of, or interesteil in any Lands or (irounds whicii shall be set out and ascertained as aforesaid, or any Part thereof, to contract for, sell, ami convey unto the said Company of" Proprietors, their Successors and Assigns, all or any such Lands or Ciroimds which shall fioiii 'I'inie to Time be set out and ascertained as atiiresaid ; and tiiat all Contracts, Agreements, Sales, Conveyances, and Assurances so to be made shall be valid and effectual in Law to all Intents and Purposes whatsoever, any Law, Statute, Usage, or Custom to the contrary thereof in anywise notwith- standing ; and all Bodies Politic, Corporate, or Collegiate, or Communities, and all Persons whosoever, .so conveying as afiiresaid, are hereby iiidenmified tor what he, she, or they, or any of them, shall respectively do by virtue or in pursuance of this Ordinance ; and all such Contracts, Agreements, Sales, Con- veyances, and Assurances, or notarial Copies thereof, shall, at the Expense of' the said Corporation, be deposited of Record in the Ofhce of the Protlioiujtary of the Court of King's Bench f()r the District of Montreal, and true Copies thereof shall be allowed to be good Evidence in all Courts whatsoever. Provided always, and be it further ordained and enacted by the Authority aforesaid, That any Body Politic, Community, Corporation, or other Person or Persons whosoever, who cannot in common Course of Law sell or alienate any Lanils or Grounds so set out and ascertained, shall agree upon a fixed aiiiuial Rent as an E()uivaleiit, and not on a Principal Sum, to be paid for the Luiiils or Cirouiuls so set out and ascertaineil as necessary for making the said Railroad, anil other tiie Purposes and Conveniences relative tiiereto and con- nected therewitii ; and in ca.se the Amount of such Rent shall not be fixed by voluntary Agreement, or Compromise, or by Arbitration between the Parties, it shall bo fixed by a Jury convened and qualified in the Manner lierein-at'ter prescribed, and all Proceedings and Litigations in Court shall in that Case be regidated as is herein-after prescribed ; and for the Payment of the said annual Rent, and every other annual Rent agreed ujion or ascertained for the I'urcliase of any Lands or Gronnils, the said Railroad, and the Tolls to be levied and collected thereon, shall be and arc hereby made liable and chargeable in pre- i'erence to all other C:iaims or Demands thereon whatsoever. And be it further ordained and enacted by the Authority aforesaid. That as soon as the .said Map or Plan and Book of Reference shall have been made ami ileiiosited as afore.s;uil it shall then be lawful l<>r the said CompaiiV of Pro- prietors to apply to the several Owners of the Estates, Lands, and (j rounds through which s'ucli Railroad is intended to be carried, and to agree with such Owners respectively touching the Compensation to be paid unto them by the .said Com])any of Proprietors for the Purchase thereof, and for their resjjective Damage.N; and in ca.se of Disigreement between the said Company and the said (iwners, or any of them, then all Questions which shall arise between the .saiiU'ompany and' the several Proprietors of and Persons interested in any E.states, Lauils, or Grounds that shall or may be taken, atlected, or prejudiced by the Execution of any of the Powers hereby granted, or with regard to auv Indemnification tii.' Ihunages which may or shall be at any Time or Times suNtained bv any Bodies Politic or Corjiorate, or Communities, or anv other I'eison or Persons re.spectivelv, being Owners of or interested in any Estates, Lands, or (irouiuls. tor or bv rea.M)ii ot the making, repairmg, or niaiu- taining the said Railroad or other Works, or Machines incidental or relative thereto or connected therewith, shall and may be settled by Agreement of the Parties or by Arbitration ; or if either of the Parties shall not be inclined to make an Agreement, or to appoint Arbitrators, or by reason ol Absence shall be i)re\enteil from treating, or tlnough Disability by Nonage, Coxerture, or other Impediment, cannot treat or make such Agreement, or enter into such Arbitration, or shall not inoduce a clear Title to the Premises whi.'h ther claim an Interest in, then and in everysuchCa.se the said Com- ■ ■ • ' ' '':;uiou to the Court ol king's Beiicii jiany of Projirietors may make Aiiiilicatiou to the Court of kii t*0 lis ORDINANCES PASSED BY THE GOVERNOR ■No. 157. Makiij;.; » Iluilroad from (aril Ion to (irenville. for the Di.strict of Montreal, stating the Groiimls of such Application, and such Court is herehy empowered and required from Time to Time, uj)on sucli Application, to issue a Warrant directed to the ShcriH' of the District of Montreal for the Time heinp, commanding such Sherift" to iirpannel, summon, and return a Jury, qualified according to the Laws of this Province to be returned for Trials of Issues joined in Civil Cases in the sjiid ('ourt of King's Bench, to appear before the said Court at such Time and Place as in sixli Warrant shall be appointed ; and all Parties concerned may have their lawful Challenge against any of the said Jurymen, but shall not challenge the Array ; and the said Court is hereby em])owercil to summon and call before them all and every such Person and Persons as it shall be thought necessary to examine as Witnesses touching the Matters in question ; and the said Court may authorize and order the said Jury, or any Six or more of them, to view the Place or Places or Matter in controversy ; which Jury upon their Oaths (all which Oaths, as well as the Oaths to be taken by ;i:iy Person or Persons who shall be called upon to give Evidence, the said Court is hereby empowered to administer,) shall inquire of, assess, and ascertain the distinct Sum or Sums of Money or annual Kent to be jiaid for the Purchase of such Lands or Grounds or Tenements, or the Indemnification to be made for the Damage that may or shall be sustained as aforesaid ; and in so doing the said Jury shall take into consideration the Damage or Inconvenience which may arise by means of any Bridges, Roads, or other Communication made necessary by reason of the said Railroad, and assess separate Damage for the siime ; and the said Jury shall distinguish the \'alue set u])on the Lands, and the Money assessed or adjudged for Dainagcs, .separate and apart from each other; and the said Court shall give Judgment tor such Sum, Rent, or Indenuiification so to be assessed by such Juries ; which said \'erdict, and the Judgment so thereupon pronounced, shall be binding and conclusive to all Intents and Purposes against the Queen's Majesty, Her Heirs and Successors, and against all Bodies Politic, (Corporate, or Collegiate, or Committees, and all Persons whomsoever. And be it further ordained and enacted by the Authority aforesaid, That in all Cases where a Verdict shall be given for more Money as an Indenniification or Satisfaction for any Lands, (Jrounds, or Hereditaments, or Proi)erty, or for any Damage done to any Lands, (i rounds, Hereditaments, or Property, or for any annual Kent of any Lands, Grounds, Hereditaments, Rents, or Property of any Person or Persons whomsoever, than had previously been offered by or on behalf of the said Company of Proprietors, then all the Expenses of summoning such Jury and taking'such Incpiest shall be settled by the Court and defrayed by the said Comj)any of Proprietors ; but if any N'erdict shall be given f()r the same or a less Sum than had been previously oll'ered by and on behalf of the said Comi)aMy of Proprietors, or in case no Damages" shall be given by the A'erdict when the Dispute is tor Damages only, then and in every such Case the Costs and Expenses shall be settled in like >lanner by the (^ourt, and be borne and jjaid by the Party or Parties with whom the saiil Company of Proprietors shall have had sucii Controversy; which said Costs and Expenses, having been so settled, shall and may be deducted out of the Monies so assessed and adjudged, when the same shall exceed such Costs and Ex|)enses, as so much Money ailvanceti to and for the Use of sucli Person or Persons, and the Pay- ment or Tender of the Remainder of such Money shall he ileemed and taken to all Intents and Purposes to be a Payment or Tender of the whole Sum or Sums so assessed or adjudged as at(>re>aid. Provided always, and be it further ordained and enacted by the Authority aforesaid. That all and every Person ami Persons making 'complaint anil requesting such Jury shall, before tiie Issue of the Warrant or ^^ arrants fi)r the summoning such Jury as aforesaid, enter into a Bond before One of the Judges of the Court of King's Ik-nch for the District of Montreal, with One sutlicicnt Surety, to the Treasurer of the said Company of I'roprietors, or their Successors tor the Time being, in the Penalty of Two hundred Pounds Cur- rency, to jjrosecute liis, her, or their Complaint^i and to hear aiul pav the Costs and Expenses of summoning such .lury and taking sucii Impie.st, "in case no Damages shall be given by the \'erdict to such Party, or in case a N'erdict shall be given lor no more or for a less Sum or Rent than had been offered by and on behalf of the said Company of Proprietors or their Successors before the " summoning AND SPECIAL COUNCIL OF LOWER CANADA. 119 summoning or returning of the said Jury or Juries, as an Iiulemnificatioii or ^'"- '•'"'/"• Satisfijction for any Lanils, Grounds, or Hereditaments, or for any annual Rent, ,, , . "TT , !• i-« "^ .- • 1 •' Makini; a Kai road or tor any Damafres as aforesaid. ,„„„ (';„i„„„ ,„ And be it further ordained and enacted by the Authority aforesaid, '1 hat Urenviile. upon Payment or legjil Tender of such Sum or Simis of Money or annual Rent as shall be contracted or agreed for between the Parties, or determined by Arbitrators, or assessed by Juries in manner respectively as aforesaid, to the Proprietors thereof or other Pers,,',,,''('''JJ||,;„ ,'',' and respective Successors, Executors, Curators, Administrators, and Assigns, who (.ruivilit. shall severally sidwcribe and pay the Sum of Fifty Pounds Currency, or such Sum or Sums as shall he demandeil in lieu thereof, towards carrying on and coniplcting the said intended iliiilro.id, shall he entitled to and receive, after the said llailroad shall he completcil, and not heti)re, the entire and net Distrihution of One Six-hundredth Part of the ProHis and Advantages that shall atui may arise and accrue l)y virtue of the Sum and Sums of Money to he raised, recovered, or receiver the Pur|)oses ol' this Ordinance, then ami in such Case it siiail hi' lawful for the said Company of Pro- prietors to raise and contrihiite among themselves in manner and form aforesaid, and in such Shares and Proiiortious as to theni shall seem meet, or hy the Admission of new Suliscrihers, a further or other Sinn of Money fi)r completing and jjerlecting the said inleniied Uailroad, and nther Works and Conveniences incidental or rel.itive thereto, not exceeding tiie Sum of Fifteen thousand Pounds Currency aforesaid ; and every Subscriber towards raising such further or other Sum of Money shall he a Proprietor in the said Undertaking, and have a like Vote by hiniself or herself, or his or her Proxy, in respect of every Share in the said additional Sum so to be raised, and shall also be liable to sue) i Obligations, and stand interested in all the ProKts and Powers of the said Undertaking, in proportion to the Sum he, she, or they shall or may subscribe thereto, as generally and extensively as if such other and further Sum had been originally raised and a Part of the said first Sum of Thirty thousand Pounds, any thing herein contained to the contrary notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That the Nund)er of Votes to which each I'mjirietor' of Siiares in the said Undertaking shall be entitled on everv ( )ccasion wiuu, in eontiirinity to tlie Provisions of this (Jnlinance, the \'oles of the Membi rs of the said Company of I'roprietors are to be given, shall be in tiie Proportion following ; that is to say, for ()ne Share and not more than Two, One Vote; fiir every Two Shares above Two and not exceeding Ten, One \'ote, making I'ive Votes for Ten Shares; for every pour Shares above Ten and not exceeding Tiiirty, One Vote, making 'len Votes fiirThirtv Shares ; t'or every Six Shares above Thirty and not exceeding Sixt v, ( )ne X'ute, makintr Pitteeu \'"otesjor Sixty Shares ; ti)r every Eight Shares above Sixtv and not exceeding One humired, '( )ne \'ote, making Twenty Votes tor One hundred Miares ; and for every Ten Shares above One iunidred Shares ami not exceeding One hundred and fifty. One Vote, making Twenty-five Votes fi)rOne hinklred and tifiv Shares; but no Person or Persons, Copartner- ship, liody Politic, Corporate, or CoMegiat.-, or Conununity, being a Member or Members of the said Coiniianv, shall be entitled to a greater Number than Tweiuy-five \'otes ; and all Pnijirielors of Shares, resident within the Province or elsewiiere, may vote bv Proxy, if he, she, or they shall see fit, jirovided that such Proxy do produce Vrimi his Constituent or Couslitneuts an Apiuiuitnieul in Writing', made and signeil in the Presence of Two Witnesses, and in the Words and to the Effect fi)ilowiug ; (lliat is to k\\\) . I of one of the Proprietors of " ihe I pi)er and ' Lower O/lmrn Uailroad," do lureby uoininate, constitute, and ai)poinl • of to be niv I'roxv, in my Name and in my Absence to vote or ' give my Assent or Disseiit to aiiv r)U>iness, Matter, or 1 liing relating to the ' siiid Undertaking that shall be mentioned or projxised at any Meeting ol the ' Proprietors of the said Undertaking, or any of them, in such Marnier as he ' the said shall think proper, according to his Opinion and Judg- r(i«il (.k) (^ ' meiit, I'W No. is; Ironi I irillon t(i mcnt Milking K Ruilroid , .1 ._ < ..:iF ... 11 IMl OIU)IN.\N( KS PA.SSF.n BY THE GOVERNOR for tlie Heiii'fit of tin- sMd Uiulortakiiit;. or any tliinj^ appertain I have lii'U'iinto ni't niv Hand ami Seal lluri'to. In witnf!«» wliiTi-of Dav oi" in tho Year ni till' I iCHi'iirc Signature of WitiU's.ios (i..s.y .\,ui siu-h Vote or Votes by Proxy .hall l.e as valul as it mk-Ii I'mu-ipal or i'liiuiiials liail voti-.l in I'itmhi ; ami wliat.'vor (jnrHtion. Kleetioii ot pr.jpiT ()lfia>rs, or Matti-rn or 'riiinp, .hall ho pioj.osi-d, .li«-iissnl. or consi.hTc. in any piihiir Mretinj,' of I'ropriitors to he heiil hy virtue of thin Orilmance. Nhail be (leterniineil hv tlie Majority of Votes aiu 1 I'roxies then prese It and so iriveii as utbresiiid ; provided neve Meeting for any llieless, that no Person shall aet as Proxy at any Sh anil i.„, absent Proprietors tor more than One liiindied and tiHy I at every siieli Sleetinj; one of the Proprietoi;, present sliall be ■■ • • 1 siiall not onlv vote as a Proprietor, but, aiipointed ("hainnan or President, am . . ,, ill ease of Kipiality of N'ote.s, shall have the deei.sive or ca.sting_\ .)ti Provided always, am at'oresaii M men ,„.„.„„.„„ 1 hv it ftirther ordained and enacted by the .\iitlioiil> I Tiiat no Proprietor who shall not be a natural-born Snbjeel ot Her ilized bv .U-t of the IJritish Parliament, or by .Act of the Parlia- by .\et or Ordinance of the Legislative Authority hall be elected President, 'Ireasurer, or ("lerk, or ajesty natura t »')f tlii> Province, or thereof tin- the 'lime bein^?, s one o (f the ("(mmiittee of the said Corporation And be it further ordained and enacted by the Authority aforesaid, That the First (ieiieral Meetiiif? of I'roprietors for putting this Ordinance into exec tition >lia be held at such Place as sha be hereatUr named within One Month after have been subscribed for, Weeks riiree hundred Shares in the said Undertaking sli l.rovided that ..iibiic Notice thereof be given during '1 wo consecutive 111 the Montreal (iazette {if then pi .jblished) and any other Newspaper of extensive Circulation, and the SecoiuKieiieral Meeting 'shall be held at such Time and at such Place as the s;iid Proprietors or Majority present at their sai.l First Meeting shall appoint ; and the saiil (ieiieral Meeting shall be thereafter L'kl twi ce in every assi'i i„... ... ..... Year ; and at the said First (Jcneial Meeting the Proprietors iible.l to"etli'er with such Proxies as shall be present, shall choose Nine .Shares in the said Cndertaking, PerMHis. being each a Proprietor of Five or more (out of whom an v Five or more of them shall be a (Quorum.) to be a Committe tor managing the .Atfairs o if the said Company of I'roprietors, in such .Manner as is herein-after ilirec lirected, and as sli.ill from "lime to 'I'ime be onlered by siicli (ieiieral Meetings; but if at any Time it siiall appear to any Kleveii or more ol Mich Proprietors, holding together One huiuhed and twenty Shares at least, that for more etrectuallv jiiitting this Ordinance into execution a Special .MeeliiiT of I'roprietors is iieces.sarv to be held, it shall be lawful tor such Flevcii"or more of them to cause Fifteen Days Notice at least to be given thereof in the Newsiiapers aliiresaid, or in such other .Manner as the Proinietors or their Successors shall at any (ieiieral Meeting direct ora|.pomt, specilying in Mich Notice the Time and Place and the Keason and Intention of such Special Meetings respectively, and the Proprietors are hereby aiithori/.-'d to meet piirsuaiit to such Notice, and proceed to the Fxeciition of the I'owers by tlii> Ordinance given to them with respect to thi" .Matters so Npecitied only ; and all such Acts of the Piopriflors, or a .Majority of them, at such Sjuci.il Meetin-'s so as.sembled, such Majority not having either as Princi|)als or I'roxies" less than Two huiuhed Siiares, shall be as valiil to all Intents and Purposes as if the same were done at (ieiieral Meetings. Provided alwavs, and he it fiirlher ordained and enacted by the .Vutlio- rify aforesaid, That it shall and maybe lawful Ibr the said C. in case of the Death, Absence, KeMgnation. or Removal <)f any PeiM.ii named of the Committee to manage the Affairs of the said Company ol I'roprietors in manner aforesaid, to choose and appoint another or others in the Room or Stead of those of such Committee who may »lie, or be absent, resign, or be removeil as afiiroaid, any thing in this Ordinance to the eoiUiarv notwitli.itanding. . Andbe it further ordained and enacted by the Authority aforesaid, 1 liat il at any Time it shall liapjieii lliat an Flection of a Committee shall not take place' on the Dav when in pursuance of this Ordinance it ought to be made ' ■ H and AND SPECIAL COUNCIL OF LOWER CANADA. mi «,ul tak. ,.laro. ti.e mml (;..r.H..ati,.n nlmll not l.o lak.n to ••^•/•i'"'"'^^'' ["'';' **--'■ Hlmll 1)0 luwCul at any olhcr luw to maki' Midi KU'ction at a (u-iu'ral MtttiiK M,i.i„K . lu,lr«H.I of Stock I...I.I1TH to 1.0 callo.1 i.. tho Ma.nur l.oroin-afVor proscnl.oa. a.ul nnt.l „.„„(, rill.,., .0 M.d now FI00I.0., shall 1.0 l.aa tho CMnnnttoo Co.- tho Yoar or I'ono. tho.j «--^-^ bHt pa >lu.ll oo..tM,uo in Otiioo. a.ul .shall hohl all tho.. I owor. as .t olooto. limirtho A...h..nty of this ()..lma..oo .i.r tho I'o.iod on.hi.K at tho l..nool "' A Jbo'it iihor onlai,u..l a.ul onaCnl by tho Au.lmrity atbrosahl. 'Phat „o C). o Mon.bo o • tho saia Co.,.mit.oo. .ho,„h ho ...ay ho a l'.o,,.-.otor oi ...at.y S mroM "imll havo .....ro tha.. ()..o Voto i.. tho saul (on.m.ttoo. oxoopt tho C 2man or iCsiaont. who shall ho oi.o... hv a..a o.. "• « - -' .,^;;;;"'^ -' •iiulwho i.i caso of a Division of o.p.al Nmul.ors shall luvo tho last .« Vott, iml u- mavhavo ^jivo., ().,o Voto h.foro : iVovu UhI always, tha snoh Co, 2 sh I in..,. 'n,.,o to •ri.„o 1.0 s..l,ioot to tho Kxu,„.nat...,. aj.a o ,- t, I 7 ho saicl (io„o.al a,,.! olhor Mooth.gs of tho sa.a lV..l...otorH as uforo a,a, L, h.n ,m a,o ()ho.lio„oo to all s„ol, ()..lo.s a„.l D.root.ons .„ a„a al.o„t 2 it ,.0 as thoy shall Iron, ri„,o to Ti„,o rocoivo in..,, tho sa.a I'n.- with tho T.oas,..or. Kooo.vo.- a..a ««';'^^- ^' ' \' ''\ ,'' ,, , l.,,.s,.n or l'o.so„s bo by tho,,,. or by tl.o.r sa.a ( o.„.,„ttoo. . 'y ;''';,, i,, ,„a „i,o„t tho >vho,,,soovor. o„,,.loyo.l by or o<.,.oor„oa ''! ^ ^ ^; ^ ; \o ^i^joor,, tho,.,- saia U„.lo,taki„K. a„a to that l',.rposo f^^ /^^^J ^^J j^, ^^ ut solvos ovor tVo.,, 'Im.o to ..no a,.a ' - ,\?\l,i;!^i •'„,,, „.,r ,,,...satl ; oo„vo„,o.,t by tho lVrso„s ''''''''^'V ':',''' ,,,,,.,, ,|,i,.a bv tho Aothority ot a,Kl .vorv (io„oral Moot.,,^. o,' sool C o.,„ , t t - . '^ • ,, ^.,,', ,„. th.s C)ra;„a,.oo. .ball havo I'owo,- i,o„, -no o ' ^,^.,,,, „,, Calls „t Mo„oy fn..n tho l',o,.r.otors ^^ \' .;•',',, V j\,,h.,, ^,,^,,j ,;„., KXP0..S0 of or to --y-'^- -;;;^,- Sia;;i lu,;mor, that .,0 Call ao waiilion a„a „ooossarv to, h.s " l '^^ \. „ , „,• this l',ovi„oo ti.r evo.y oxcooa tho S,„„ ot I' '^■^- ':"'"''". ('"VVtU^noC lis bo ,„aao b,.t at tho Sharo of Fitly Fonnjls ; a„a prov.aoa ;' - • ' ;'^^, ". \ ,^,^.,, (■o„„nitteo Hh„ll l)ista„oo of C)..o Calo„aar Mo., h ";"-';»' ,1' Zlci all a,.a ovory tho ,,avo foil I'owor a.,a Aothor.ty ' J^' ^'^ ^.; j,, eo„t,aoti..g for a,.a Atfairs of tho ^"'> <.' /''//'TlmthCso of tho saicl Caortak,,,-. ,„„,hasi.,,. l.a.,a. U.^'hts. ''- '^'•' ; , j' \ j'\^^^ \Vork>„o„. a„a in !,s i„ o.„ploy,.,^'. ovao..,,^'. '"';' '^, .^/'' ^n T \,,,,,,,,,, „ul Af,aM,ts. ana i,. I .„,Ki,;^ all Connaots ana Ha„a, s ood n^ '^.,Z; ^.^^.n. or^.^.nsaoto.1 „,at „o sod, I'nrohaso. ^';)'•f^=;^ '."^r,,, '',,,, „,i,too ; ana the Ow„or withont tho Concnrronoo '"'l^i^jlj" ^% ^, " , t^^ sa.a U.,aortaki,,g shall I 1S4 ORDINANCES PASSED BY THE GOVERNOR No. 157. Milkini; ii Kitil fniiii ( iirllloii Cirenville. rtmil Id neglect to my his, her, or their rateable Calls as aforesaid, for the Space of Two CaleiKiar Months after the Time appointed for the Payment thereof as aforesaid, then he, she, or they shall forfeit his, her, or their respective Share and Siiarts in the said Undertaking, and all the Profit and Benefit thereof; all which Forfeitures shall j^o to the rest of tlie said Comnany of Pro|)rietors of the said Undertaking;, tlieir Successors and Assigns, in Trust for and for the Benefit of the said Pn)|)rietors, in jjroportion to tlieir respective Interests. Provided always, and be it fintlier ordaincil and enacted by the Authority aforesaid. That no Advantage shall be taken of the Forfeiture of any Share or Shares of the said Undertaking, unless the same shall be declared to be for- feited at some (leneral Meeting of the said Comj)any of Proprietors assembled at any Time at\er such Forfeiture shall be incurred ; anil every such For'i iture shall be an Indemnification to and for every Pro])rietor so forfeiting aga nst all Action and Actions, Suits or Prosecutions whatever, to be connnenced or pro- secuted for any Breach of Contract or other Agreement between such I'ro- })rietor and the other Proprietors, witli regard to carrying on the said Railroad or UnJertaking. And be it further ordained and enacted by the Authority aforesaid. That the said (^)mi)any of Proprietors and their Successors shall always have Power and Authority, at any (ieneral Meeting assmibied as aforesaid, to remove any Person or Persons chosen upon such (\)nunittee as aforesaid, and to elect others to be of the Committee in the Room of those who shall die, resign, or be removed, and to remove any other Officer or Otficers under theni] and to revoke, alter, ameiui, or change any m" the Rules and Directions herein-before prescribed with regard to tlieir Proc-tt'liigs amongst themselves, (the Method of calling (ieneral Meetings, and their 1 ime and Place of assembling, and the Manner of voting and of appointing Committees, onlv excepted,) and shall have Power to make such new Rules, Byo Laws, and Orders, for the good Oovern- nient of the said Coni])aiiy, and their Servants, Agents, and Workmen, (i:r the good and orderly making, maintaining, and using the said Railroad and other Works coiiiieeted therewith or bi'longiiig tlieieto, and for the well-governing of all Persons wIiiMiisoever travelling upou or iiMUt: the said Raihoad and oriier Works, or transporting any (ioods. Wares, .Mmhandizes, or other Commo- dities thereon, and to imiiose and ;:-flict such reasonable Fines and Fortiitures upon the Per.ons guilty (,f a Breach of such Rules, live Laws, or Orders, as to such Central Meeting shall seem inuel, not exceeding the Sum of Fifty Shil- lings Cunent .Money of the Province tor anv One Otfeiice, such Fines or For- feitures to be levied and recovered bv such \Vavs and Means as are heieiii-after mentioned; which said Rules, 15ve I.a^vs, and "tJi-ders, beina- put into Writin.r under the Common Seal of the said Conijianv of I'roprietors^ sliall be published at least 1 wice in the said Montreal CJazelte. if then published, and anv other jNewspajier in extensive Circulation, and afHxeil in the Office of tl e s,ud Com pany ijf Propiie;ors, and in all and everv of the Places where the 'lolls are to be gathered, and in like Manner as (.fieu ;is am ( liaiii^e or Alteiatici shill be made to the same; and the said Rules, live Laws, and Orders, so made and pul) islied as aforesaid, shall be binding upon and observed by all Parties, and sliall be sufficient in any Court of Law or E(iiiirv to justify allPersons who shall act under the same. And be it further ordained and enacted bv the Aiithoritv aforesaid, That it slia I and may be lawflil to aii.l liir the si'veral l'ro|.netors of the said Railroad or Ln.lertaking to sell and dispose of his, her, or their Share or .Shares therein siibiect to the Rules and Conditions herein mentioned ; and every i'uielnser ^hall have a Duplicate l)e..l of iiargain and Sale and Conveyance made imto fum or her (.r them, before Two Witnesses ; and One Part of such I),r,l, ,h.lv .•xecuted liy theSeller and Purchaser, sh.dl be delivered to the said Committee or their C leik for the 'I'lme being, to be tiled and kept for the Use of the said onipany, ami an F.nlry thereof shall he made in the liook or Books to be kept lA-the said Clerk for that Purpose, for which no more than One Shilliiitr ami iluee.penee shall be paid, and the said Cle-k is herel.v reipiired to make such Kntry acconlmgly ; and until such Duplicate of suc'i Deed shall be so dehvere.l to the said ( ommittee or their Clerk, and filed and enter. 'd as above directed such 1 urchaser ..r Purchasers shall have no I'.ut or Share of the Pn.liis of the •■^aii, L i'iieit;iiv!iii;, iioi' .itiv !iiti'ri.>t il.r lii,' v,;,i si. .... .,.• vi : i i le .s.iiil .-(li.iie or her, or them, nor any Vote as a Projirietor or Proiiiietors lares, paid unto lam, And AND SPECIAL COUNCIL OF LOWER CANADA. 125 Aii.l And be it furtlier ordained and enacted by tlie Authority aforesaid, That the »"• »iT. Sale of the said Sliares siiall be in tlie Form followinp:, varying the Names and „ ,. '~.. Descriptions of the contracting Parties as the Case may require : ?/.'>',,.'" r-i!*! , „ .T ' I A.B., ni consideration of the Sum ot in hand paid to me Grei.viile. * by (y. 1). of do licrcby bargain, sell, and transier to tlie said • C.D. Sliare [or Shares] of'ihe Stock of " The Upper and Lower ' Ottawa Railroad," to hold unto him the said CD., his Heirs, Executors, ' Curators, Administrators, and Assigns, subject to the same Rules antl Orders ' and on the same Conditions that I held the same immediately before the ' Execution hereof; and I the said C.D. do hereby agree to accept the said ' Share [or Shares] subject to the same Rules, Orders, and Conditions. ' Witness our Hanils and Seals this Day of in the « Year ' Signed and executed ) (i,.s.) ' in Presence of - ) (i..s.) Anil be it further ordained and enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Company of Proi)rietors, and tiiey are hereby authorized from Time lo Time, to noniiiuife and a))point or remove a Treasurer or Treasurers and a Clerk and Clerks to the said Company of Proi)rietors (taking such Security for the due Execution of liis or their (jffice aa the said Compimy of Proprietors shall think |)roper) ; and such Clerk or Clerks shall in a proper Rook or Hooks enter and keep a true ami perfect. Account of the Names ami Places of Abode of the several Proprietors of the said Railroad or Umlertaking, and of tiie several Persons who shall from Time to Time become Owners and Proprietors of or entitled to any Share or Shares therein, and of all the other Acts, Proceedings, and Transiictions of the said Company of I'ropnetors, anil of tlie Committee for the Time being, by virtue of and under the Autiiority of this Ordinance. .\nd in order to ascertain tlie .Viiiduiit of tlie clear Profits of the said Under- taking, be it further enacted and ordained by the Authority aforesaid. That the said Company, or the Committee f<)r managing the .Vtfairs of the said Company, shall and they are hereby reiiiiired to cause a true, exact, and particular Account to be kept, and annually made up and balanced on the Thirtieth Day of November in each Year, of the Money collected and received by the said Company, or l)y the Contmittee or 'I'reasnrer of the said Company, or otherwise, f()r the Use of the said Company, by virtue of this Ordinance, ami of the t'harges and I'xpenses attending the erecting, making, supi)orting, maintaining,^ and clurving on the said Works, and ol' all other Receipts and Expenditure of the saiil Company or the said Committee ; and at the semi-annual Meetings of the Pro|)rietois of the said Undei taking, to be liom Time to Time holden as aforesaid, or at some Ailjournment thereof, a Dividend shall be made out of the clear Profits of the said Undertaking, unless such semi-annual Meetings shall uuf such Dividends shall be at and after the Rate of so Ml the several Shares luM by the Members thereof, of the Joint .Stock of tiie ">.ad Company, as mkIi .Meeting siiall think til to appoint and determine: Provided alwavs, that no Dividend shall be made whereby the Capital of the said Comiiany shall lie in any degree reduced or impaired, nor shall any Dividend be paid 'in respect of any Share after a Day appointed for Payment of any Call fi>r Money in resjiect thereof, until such Call shall have Ami be it further ordained and enacted by the -Vuthority aforesaid. That it sh ill and may he lawful to and lor tiie said Company of Proprietors, and tiitir Successors and Assigns, from Time to Time and at all Times hereafter, ti) ;isk, deinind, lake, and recover, to and for their own proper Use and Behoof, lor all OooiN \Vai\s, M(ieli:mdi/e, and Coinmodities, of whatever Description, trans- oorte.r ui)on the said Uailroad, Nine SliillingN Currency of tins Province per Ton Wei'dit, and for everv PaNsciiger Tliiec Shillings Currency; and the said R'ltes shall be paid re-])ectively lor the whole Distance between Carilkm and (j'renville aforesaid, and so in proiiortion for each Mile ol the said Distance, and shall be naid to such Person or Pers.ius. and at such Place or Places on or ne;;r 10 the said Railroad, and in such Manner and under such Regulatmns, as the said Comi)any of Proprietors or their Successors shall direct and appoint ; and ii'i case of r)enial or Neglect of iMyment of any such Kates or Dues, or any Part thereof, on Demaiul, to the \\'v". M il>iii« a Uiiilroad lioiii tiirillon 10 tiu'iiville. same as aforesaid, the said Company of Proprietors may sue for and recover the same in any Court liaving competent Jurisdiction, or tiie Person or Persons to whom the said Kates or Dues oiiglit to be paid may and he is and they are hereby empowered to seize ami (letain such Goods, Wares, Merciiandizes, or otlier Conunoditich for and in respect whereof such Kates or Dues ou}j;ht to be paid, and iletain tlie same until I'ayment thereof, and in tiie meantime such Goods, Wares, Merchandizes, or otlicr Conmunhties sliali be at the Risk and Expense of the Owner or Owners thereof; and tiie said Com])any of Proprietors shall iiave ftdl Power, from Tinie to Time, at any Genera) Meet- ing, to lower or reduce all or any of the said Rates or Dues, and again to raise the same (not exceeding in' any Case the Sums or Rates bet()re men- tioned) as often as it shall be deemed necessary for the Interests of the said Undertaking. Provided always, and be it further ordained and enacted by the Authority aforesaid, That in all Cases where there shall be a Fraction of a Mile in the Distance which (Joods, Wmvs, Merchandizes, or other Commodities, or Pas- sengers, shall be conveyed or transjiorted on the said Railroad, such Traction shall, in ascertaining the said Rates, be deemed and considered as a whole Mile; and that in all Cases where there shall be a Eraction of a Ton in the Weiglit of any such Goods, Wares, Merchandizes, or other Commoilities, a Proportion of" the same Kates shall be deniiuuled and taken by tlie said Com- pany of Proprietors to the Number of (^uartiTs of a Ton tontained therein, and in all Ca.ses where there shall be a Eraction of a Quarter of a Ton such Fraction shall be deemed and considered as a whole Quarter of a Ton. And be it further ordained and enacted by the .Authority aforesaid. That the said Com|)any of Projjrietors shall and tlie\' are hereby required, at any Time and at all Times, to provide suitable Carriages, subject to the Api)roval of Her Majesty's Deputy Postmaster (ieneral. fiir the Conveyance of Her Majesty's Mail, and the Person or Persons in charge thereof, along the said Railroad, when completed md in use ; nor shall any Carriage or Train of Carriages or Vehicles, whether tor t'le Conveyance of Passengers or of (Joods, proceeil at any Time along such Railroad or Section thereof without such Carriage for the Convey- ance of Her Majesty's Mail, exeej)! under the express written Licence and Instructions of Her Majestv's Dev.iiy I'ostmaster (ieneral to the said Com- panv, stating at what Time ami on what Oeeasions he siiall not retpiire that the Mail be .so conveyed ; and to tiiis enil the said Compatiy shall notify to the said Deputy Postmaster (ieneral tlie Day ami Hours at which their Trains and Carriages will start liom eitiier End of such Railroad, anil shall not change such Times of starting without giving at least Six Days Notice of .such Change to the .saiil Deputy Postmaster (ieneral ; and the said Comp.iny siiall not, fiir the Conveyance of the said Mail, and of the I'erson or f'ersons in charge thereof, and of the Carri.ige so to be provided for the Conveyance thereof as aforesaid, charge or deniaiid a greater Kale than One Penny Cuirency per Mile for each Pltsoii in charge thereof', One Halfpenny Currency per .Mile fiir each Conveyance of a Mail weighing One Hiiiulied Wi'ight or less, and One Farthing Currency per .Mile t()r eacii Hall' Hundred Weight of any such Mail above the first Hunilri'd W'eigiit, making no Charge fi)r any Fraction of a Hundred Weight less than Half a Hundreil \Wiglit wiii'ii the whole Weight of the Mail shall exceed One Hundretl Weiglit, or One huu'hed ami twelve Pounds Avoirdnpoise ; and f()r each and e\t'iy Reliisal or Neglect by the saiil Comjiany to comply with the Ke(juirements of this Section the said Comjiany shall forfeit and |)ay to Her Majesty, Hir Heirs and Successors, to and for the public Uses of the Province, a Sum not exceeding Twenty-five Pounds Cur- rency, to be recovered, with Costs, in any Court having .lurisdictiou to that Amount: Provided always, that nothing in this Section contained shall be construed to jirevent the said Deputy I'ostmaster (ieneral from making such Arrangement and Agreement witii anil granting such Permission or .Authority to the said Company, with regard to the Conveyance I'l' Hi-r .Majesty's Mail, as he shall deem expedient; and such .Arrangement, Agreement, I'ermission, or Authority siiall be good and valid, and shall be a siiflicient Indemnification to the .said Company fiir any thing done or omitted in pursuance thereof, any thing in tliis .Section to the contrary notwithstanding. Provided always, and be it iiutlier oniained and enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Company c)f Propiietois, AilD SPECIAL COUNCIL OF LOWER CANADA. 127 No. i 57. Propr lors, tlicir Successors and Assigns, from Time to Time, at^ any General Moetii Lcofthe said Proprietors, to niaiic any sucli Hye Law or Dye Laws tor Making » Railr(a( ascertaining or fixing the Price or Sum or Sums of Money to be charged or from Carillon t» taken for tlie Carriage of any Parcel, not exceeding One hundred and twenty Okmv^. Pounds Weight, u\)0\\ the said Railroad or any Part thereof, as to them shall seem fit and reasonable; and the said Conijjany of Proprietors, and their Successors and Assi;;ns, shall from Time to Time print and stick up, or cause to be printed and stuck up in their Oftice, and in all and every of the Places whore the Tolls, Rates, and Dues are to be collected, in some conspicuous 1 lace there, a printed Paper, ascertaining and particularizing the Price or Sum or Sums ot Money to be charged or taken fi)r the Carriage of such Parcels, not exceeding One hundred and twenty Pomuls Weigiit as aforesaid, upon the saul Railroail, or upon any I'art thereof. ... ,. • i -n * *i . And be it further ordaineo and enacted by the Authority aforesaid, Ihat the said Company of Proprietors shall, within Six Calendar Months after any Lands shall be taken for the Use of the said Railroad or Undertaking, divide and sepa- rate, and keep constantly divided and separated, the Land so taken <;-om the Lands or Grounds adjoining thereto, with a suHicient Post and Rail tenet, Hedge, Ditch, Trench, Hank, or other Fence sufficient to •^'^^'P oft IIo.siS Sicep, and Cattle, to be set and made on the Lands or Grounds which shall be Jurcha" by, conveyed to, or vested in the said Compa,^ of Proprietors as atbresid. an 1 shall a their own C^osts and Charges from lime to lime ma.n- £ ad support and keep in sufficient Repair the said Posts I^- J.; ,^>^'«--' Ditches, T enelies. Banks, and other Fences so set up .nd made as aforesaid. And be it further ordained aiul enacted by the Author. ty aforesaid Ihat wl ei^ver any Farm or other Lands belonging to the same Vrson or e «m shd be divi-ded and separated into Two Parts by the said Railroad, t ie i SnuKinv of Propriet..rs shall erect and place a Gate or other moveable IJanie onS'Side of' the said Railroad, in such Manner as to allow to the s Per . or Persons a convenient Passage and Coinmunicat.on to, with, and between the Parts of the sairesaid^'n;at tlie ..id '('<.;.- of i;-l>n->.,^./''f'. ^--X;;,;;'tc:^S? by'h 'n"e hereby rer,ui,ed and duvet.. I'^J ,; 1^ ^^ ,^ irSiei/Treasurer. Re- IJ«,H, or 1 oiuls in a -";;;.i,^'ii!;'j; Monies to be raised by virtue ^';Eon I :S ulti'lhe S.!;;. l^oc..ion by such 'Ireasurer, Receiver, Id t-2ir of his and their Office ^^^^^J^r^^L^,, ....eribe to Aiuf whereas several l-erscu.su.es,b^^ 1 ^^^^.^^^^^^^^ .^^^^ ^^^_ advance .Money towards eai.Mng tht '' ly,,,, ,,..,, .,, bv the Authority afore- i^|;r io^idvance l^^ Money fbr ..d ^^^^^ ;;:; rrn^S ^id iUihoad and other ^^'•'•^:i^-''""^';'^ ,,^' ^^,;.'\'Lm re ective!y subscribed re.,uired to i-ay the. Sum or Sums of Men V U un t ^^^ .^,^^^^^_ ,or or such Parts or Portions thcMeot "^ f ^^ ^j'"-;;^;, ^^- ^i,, i^.^vers and the said Company of I'roprietois, under anit by o ^ihccUom ( L) '^ '' b) 128 ORDINANCES PASSED BY THE GOVERNOR No. I,')7^ Miiliint; » llni troni Carillon lirenville. u Directions of tiiis Ordinance, to such Person or Persons, and at sucli Times and l^^^^j Places, as sliall be directed by tlie said Company of Proj)rietors or tlie said Coin- t„ niittce in manner before mentioned ; and in case any Person or Persons shall neglect or refuse to j)ay the same at the Time and in the Manner recjuired for - tliat Purpose, it sliaJI be lawfid for the said Company of Projjrietors to sue for and recover the same in any Court of Law having competent Jurisdiction. And be it further ordanied and enacted by tlie Authorily aforesaid, That all Fines and Forfeitures imposed by this Ordinance, or which shall be imposed by virtue of any Rule, Order, or Hye Law to be made in pursuance thereof, Cof which Rule, Order, or Rye Law, when })roduced, all Justices are herebv required to take notice,) the levying and recovering of which Fines and l'\)rfeitures are not herein-after particularly providetl f()r, shall, upon Proof of tlie Otliiice before any One or more Justice or Justices of the Peace l()r the District of Montreal, either by the Confession of the Party or Parties, or by the Oath or AUirmatiou of any One credible Witness (which Oath or Affirmation such Justice or Justices are hereby empowered and recpiired to administer without Fee or Reward), be levied by Distress and Sale of the Offen- der's CJoods and Chattels, by Warrant under tlie Hand and Seal or Ilnuils and Seals of such Justice or Justices ; and all such respective Fines, F'orfeitur.'s, and Penalties by this Ordinance imposed and inllicled, or authorized to be imposed or inflicted, the A])plicatiou whereof is not liereiu-beforc particularly directed, shall be paid into the Hands of the Treasurer or Receiver of the Monies to be raisedby virtue of this Ordinance, and shall be applied and disposed of for the Use of the said Railroad or rudertaking ; and the Overi)lus of the Money to be raised by such Distress and Sale, after deducting the Penalty, ami the Expenses of the levying and Recovery thereof, shall be paid over to tlie Owner of the (ioods so il'istrained and sold ; and for Want of sufficient (loods and Ciiattels whereof to levy the said Penalty and Exi)enses. the (Jffender shall be cominitteil to the Connnon Gaol for the District of Montreal, there to remain, without Rail or Mainpri/c, for such Term not exceeding One Month as such Justice or Justices .sliall think proper, unless such Penalty or Forfeilmc, ami all Costs and Expenses attending the same, shall be sooner paid and s.iti>tied. And be it further ordained and enacted by the Authority aforesaid, That if any Person or Persons shall think himself, herself, or them'selvcs aggrieved bv any thing done by any Justice or Ju.stices of the I'eace in pursiuuiee of this Ordinance, every such Person or Persons uiay, within Four Calendar Months after tin., doing thereof, a])peal to the Justices of the Peace of the (Jeiieral (Quarter Sessions to be holilen in and fiir tin District of >L)iitreal. And be it further ordained and enacted by tiie Autiiorily aforesaid. That if any Action or Suit shall be brought or connncnced again.st any Person or lVis(>ns for any thing dene or to he done in pursuance of this Orduiance, or in tiie Execution of the Powers and Authorities or the Orders and Directions herein-belbre given or granted, every such Action or Suit sha". be biouijlit or lomnunced within Six Calendar Months next alter tiie Fact comuiiitedror in casi> there shall be a Continuation of Damage ilieii within Nix CaieiuKir Months next alter the doing or conunitting such Damage shall cease, and not alterwards ; and the Defendant or Defendants in .-neh Acli;in or Suit mav plead the (uiieial Issue, and give this Oiduiaiiee and the sj)ecial Matter in E\"ideiice at any Trial to be held tliereui)on, and that the same was done in pursuance and 'by the Authority of this Ordinance; and if it shall a]>])ear to have been so done, or if any Action or Suit shall be brought after the Time so liuiited for bunging the .-air.e, or if the I'laintilf or Plaintill's shall be nonsuit, or liiscontinue hi.s, her, or their Action or Suit after the Defendant or Defendants siiall have apjieared, or if Judgment shall be given against the Plaintiff or I'laiiitills, the Defendant or Defliulants shall have fiill Cost.s, and shall have such Remedv fbr the .same as atiy Defendant or Defendants hath or have for Ccsts of Suit "in other Cases by Law. And be it fiirther ordained and enacted by the Authority aforesaid, That at any Time before or alter the making and c'omjileting the siid Raiiroail oi I lulei taking it shall and may be lawfiil for Her Majisty. Hir Heirs whI Successors, to assume the Possession and Property of the .same, and of all and every the Works and Dependencies thereunto belonging or in anywise apiier- taining, ujioii jiaying to the .said Company of Proprietors, their SuccesL-ors and ''' Assigns, AND SPECIAL COUNCIL OF LOWER CANADA. 129 Assigns, the full Amount of their respective Shares, or of the Sums furnished N". i J7. and advanced by such Subscribers towards making and completing the said ., , . — 7 Railroad and Works connected therewith, together with such further Sum as iv,;',,,'"&,rilln>. [» will amount to Twenty-five per Centum upon the Monies so advanced and Grenvilic. paid, as full Indemnification to such Com|)any of Proprietors, by annual Pay- mcnts of at least Twenty per Cent., allowing moreover to the said Company Six per Cent. Interest upon the unredeemed Part of the Capital, but not allowing them any Interest upon the Advance of Twenty-five ]W Cent, which is allowed them as aforesaid ; and the said Railroad or Undertaking, and all and every the Works and Dependencies thereunto belonging, shall, from tiie Time of such Assumption in manner aforesaid, appertain and belong to Her Majesty, Her Heirs and Successors, who shall from thenceforward be suhsti- ' tuted in the Place and Stead of the said Com])any of Projjrietors, their Successors and Assigns, for all and every the Purposes of this Ordinance, in so far as regards the said Railroad or Undertaking. And be it further ordained and enacted by the ^iuthority aforesaid, That the siiidCompany of Proprietors shall, between the FirstDay of January and theTliirty- first Day of December in each and every Year, and at such Time within the said Periods as the Governor, Lieutentant (Jovernor, or Person administering the Go- vernnient of this Province shall appoint, lay bet()re him, or such Ofticer as he shall direct to receive the same, a detailed and particular Account, attested upon Oath, and made in such Form as he shall direct, of all Monies by the said Company received or expended under the Authority of this Orilinanee, witii a Statement of the Amoimt of Tonnage and of I'assengers conveyed along the said Railroad during the Perioil for wliieli tiie Account shall he rendered. And be it fiuther ordaineil and enacted by the Authority aforesaid. That it shall and may be lawful f{)r the saiil Company of Proi)rietors, in constructing and making the said Railroad, to take and api)ro|)riate f()r the Use of the same so much of the Land covered with tlie Waters of the River Ottawa, or of its Bed, as may be found necessary for tlie making and eonijileting or more con- veniently using the same, and thereupon to erect such Wharves, Quays, Inelinud Planes, Cranes, and other Works as to the said Company shall seem meet : Provided always, that the said Company of Proprietors shall not, imder arty Pro- vision of this .Section, or of any Part of this Ordinance, in an\- way obstruct or im])ede the free Navigation of the said River Ottawa or any Part thereof, or the Navigation or Use of the Canal commonly called the (irenville Canal, or of the Inlets or Outlets to the same, or the llse, Kftieiency, or working of aiiv J)id)lic Work therewith connected, or of any public Work of any Kind whatever, nor shall the Powers vested by this Ordinance in fiie said L'om- l)any extend to the taking or using of any Lands, Cirounds, Beach, or Real Property whatever, the Property whereof is now vested in Her .Majesty, without the Consent of the (iovernor, Lieutenant (iovernor, or Person ailministeriiig the (invernment of this 'Vovince for the Time being, signified to tiie said Company under the Hand of the Civil Secretary of the Province. And be it fiuther ordained and enacted by the Authority at()resaid, That the said Company of Proprietors, to entitle themselves to the Benefit and Advantages to fliem granted by this Ordinance, shall and they are hereby reaid, then this Ordinance, and every Matter and Thing therein contained, shall cease and be utterly mill and void. And be it fiuther ordained and enacted by the Authority atiiresaid, Tiiat nothing herein contained shall atlect or be con.strued to aflect, in any Manner or Way whatsoever, the Kigiits of Her Majesty, Her Heirs and Successors, or of any I'erson or Persons, or of any Bodies Politic, Corporate, or Collegiate, such onlv excepted as are herein mentioned. And be it fiuther ordained and enacted by the Authority .aforesaid, That this Ordinance shall be deemed and taken to'be a Public Act or Ordinance, :h shall be indiciailv t.skeii nistiee of hv all .hidges, Justices of the Iruad ant! as siic Peace, ami others, without being speciidly pleaded. (*■) R And 130 ORDINANCES PASSED BY THE GOVERNOR No. \:,7. 'Making a liom (Jiiri (ireiiville. Uailronil lion 10 And be it further ordained and enacted by the Authority aforesaid, That this Ordinance shall be and is hereby made permanent, and shall remani in force until repealed or altered by competent Authority. (Signed) C. Poulktt Thomson. Ordairied and enacted bv the Authority aforesaid, and passed in Special Council, under tlie Great Seal of the Province, at the Goverinnent House in the City of Montreal, the Twenty-sixth Day of June, in the Fourth Year of the Keisn of our Sovereign Lady Victoria, bv the Grace of God of Great Britain and Ireland Queen, Defender of the Faith, and so forth, anil in the Year of our Lord One thousand eight hundred and Ibrty. By his Excellency's Command. (Signed) \V. B. Lindsay. Clerk Special (Council. J hereby v ' al)ove to l)e n true Copy of nn Oriliiiance passed by ibe < - nor of llie Province of Lower Cniiadn, by and with the Advice and Consent of tlie Special Coinicil for the Affairs of tlie said Province, on the Tuenty-sixlb Day of .lune One thou- sand eiglit hundred and forty, and in the Fourth Year of Her Majtsily'-i Ueign. (Signed) \V. H. I.inosay, Clerk Special Council. No. IJi?. K-tabli^hine H Police in CJiii:l)ee, Miiiilreai, and 'i'l'.ree Hivf". (Copy.) No. l.")S. An Ordinance (o repeal certain Parts of an Ordinance therein mentioned, and til amend certain otiter Parts of the said Ordinance, and to amend certain Parts of another Ordinance therein mentioned, and make farther Provision for estnblishinfr and maintaining an efficient Si/steni of Police in the Cities of Quebec and Montreal and the 'J)nrn and Borough of Three Rivers. [Passed '2(ith .linie ISIO. ) WiiEUKAs it is exi)edient to rej)eal certain I'urts of an Ordinance made ami passed in the .Second Year of Her Majesty's Reign, intituled " An Ordinance t()r establishing an ehicient System of Police in the Cities of Quebec and Montreal," and to amend cerUtin other Parts of the saitl (_)rdinance, and also to amend a certain other Ordinance made and passed in the siiid Second Year of Her Majesty's Reign, intituled " An Ordinance to extend the Provisions of an Ordinance for establishing an efficient System ot Police in the Cities of (Quebec and Montreal," and to make further Provision for establishing and maintaining an efficient System of Police in the Cities ot' (Quebec and Montreal, and the Town and Borough of Three Rivers ; be it theret'ore onlained and enacted by liis Excellency the Governor of this Province of Lower Canada, by and with the Advice and Consent of the Special Council t()r the Atliiirs of this Province, constituted and assembled by virtue and imder the Authority of an Act of the Parliament of the United Kingdom of (ireat Britain and Ireland, ))assed in the First Year of the Reign of Her present Majesty, intituled " An Act to make temporary Provision tor the Goverinnent of Lower Canada," and also by virtue and under the Authority of a certain other Act of the same I'arliament passed in the Session held in the Second and Third Years ot'tlie Reign of Her present Majesty, intituled " An Act to amend an Act of the la>t Session of Parliament l<)r making temporary I'rovision tor the (jovernmenf of Lower C'aiiada," and It is hereby ordained and enacted by the Authority of the said Acts of Parlia- ment, That so much of the said Ordinance, intituled " An Ordinance for establishing an efficient .System of Police in the Cities of Quebec and Mont- real," as vests any Power or Authority in the Ciivil Secretary of the (iovernor of this Province, and so much of the said last-mentioned Ordinance as provides for the A])pointinent of fit and proper Persons to be Inspectors and 2 Superintendents AND SPECIAL COUNCIL OF LOWER CANADA. 131 N .. I.)8. Superintendents of the Police for the said Cities, or for either of tliem, shall be and tlie same are horohy repealed. . , . r • i hm , li^uiblisliinir a And be it further ordained and enacted by the Authority atoresaiU, inat i-^ii^e i.. Qucbu.', from and alter tiie i)assinL' of this Ordinance it shall be lawful for the Governor M,„„^ea!. a..d „f this Province to non.inate and appoint a fit and proper Person to be iiu^oUm^ Commissioner of Police for the Province of Lower Canada, to have, lioUl, exercise, and discharge all the Powers, Authority, and Duties m and by the said Ordinance, intituled " An Ordinance for establishing an efticient System of Police hi the Cities of Quebec and Montreal," vested m the said C.vi Secretary and in the Inspectors aiitl Superintendents ot Police tor the said Cities respectively, and to receive and discharge the Duties ot Commissioner of Police under the said last-meiitioned Ordinance, and to have, ho d, exercise, and discharge all the Powers. Authority, and Duties in and by the said Ordinance, intituled " An Ordinance to extend the Provisions ot the Ordniance Vol establishing an efficient System of Police in the Cities ot Q"ebccjmd Montreal," extended to and vested in the Inspector and Superintenden ol Police, to be appointed for the Town and Borough ot 1 hree Rivers together withsich neiilbouring District of the same, as the Governor shall at any Ti me direct, and to execute the Duties of Civil SecreUiry with reference to the sa e • Pro • de.1 always, that the said Commissioner of Police shall not exe- cute 'the Office of Justice of the Peace in either of the said Cities ot Quebec and Montreal, or in the said Town or Horough of Three Rivers, or swear in the Menclposiiig the Police Force hi the said Cities, or either of them, or m the s:iid '1 own and Borough aforesaid. . ,,,, . An be i^ further ordah.ed and enacted by the Authority a oresaid. I hat ,t .hall le law Id for such Commissioner of Police to be appointed as aforesaid to c - it Manner hereii-afler provided the Sums o Money to be raised, assessed and appropriated fbr the Maintenance ot a good and efficient System S Police i he Citv of (Quebec, under and by virtue ot an Ordinance ma.le listen the 'present Session of the Special Council ott us Province iiK" An Ordiilmc. to incorporate the C:ity -^ Ij- °^«-^5%r he s=;^JT;oit^s:Lirs;s^ "^;K";1 ;Sdr oSftml enacted by the Authority aforesaid. That so mmMmsMB mmmmmm respectively, to pay the '-^"'"'"'l': "'^'^j'" . j '^,^^,1^^ respectivelv „, Ik. furnished as aforesaid, ami the s:ud ^ < mitds c^U.e .o^c ^^,^^^^^^^^ ^._ Forty Days from ^^ }''^'"^ "' JZA^'^'^noM ah livs that the Sum and ?^^'^.:iti;::s!:3F^^^^^^^^^^ s;tiS;rvS>p^^^^^^^ before the Second Day '>' ^'-^-Jl^.^ji'^e^Un the said Counc,^ Sum and Sums of Money so to h' prcd a^ui c ^^^.^^^^^^.^^ ^,^^^„ of the City of Montreal for f "^ ^ , " J , "^H.usand Pounds Currency, not f<.r anyone \ear excee »'^^ ,J;^'^^ 'j, ^ K,,,enditure thereof shall be to hv paid quarterly, and tiie Application i ..u-counteil ORDINANCES PASSED BY THE GOVERNOR No. 158. EstabliiliiiiK « J'olice in Quebec, Montreal, «nd Three Rivers. accounted for by tlie said Commissioner of Police to the said Council of the City of Montreal on or before the Second Day of November of each and every Year. And be it further ordained and enacted by the Authority aforesaid, That the 'treasurer of tlie City of Quebec and the Treasurer of tlie City of Montreal respectively, at tiie lime and Times of making Payment to the said Commis- .sioiier of Police of any Sum or Sums of Money required and authorized to be paid to iiim by this Ordinance for the Puri)oses and in the Manner aforesaid, shiill deliver to the .said Commissioner of Police a Note in Writing, signed by tlie Treasurer by whon> such Sum or Sums of Money shall be so paid, specify- ing the Sum or'Sums so paid, which Note shall be kept by the said Commis sioner of Police as a Voucher for liis Ueceipt of such particular Sum or Sumsj and the Receipt of the said Conunissioner of I'olice. specifying the Sum or Sums paid to him by either of the said Treasurers, shall be a sufficient Discharge and Voucher to such Treasurer, and shall be allowed as such in passing his Accounts. And be it further ordained and enacted by the Authority aforesaid, That the said Commissioner of Police for the Time being shall give Security to Her Majesty, in a Bond with Two Sureties, in such Sum as the Governor shall direct, such Bond to be conditioned for the faithful Performance of his Duty by such Commissioner of Police, and for the due Application of all Monies paid to him under the Ordinances herein-before mentioned; and the said Commissioner of Police for the Time being sliall receive all Sums of Money applicable to the Purposes of the said Ordinances, and shall keep an exact and particular Accoimt thereof, and shall immediately pay all Monies, Bills, and Notes by him received under this Ordinance into such Bank of the said Province as the Governor may apjioint, and the same shall be placed to an Account in the Books of the said Bank which shall be entitled " The Account of the public Monies of the Conunissioner of Police of Lower Canada," inserting the Name of the Commissioner of Police t()r the Time being ; and the said Commissioner of Police shall draw out of such Bank from Time to Time such Sums of Money as may be necessary for the Payment of the Salaries. Wages, and Allowances to be paid to the Persons belonging to the Police Force of the .said Cities of Quebec and Montreal respectively, as also lor the Payment of all other Charges and Expenses for maintaining a good and efficient System of Police in the said Cities respectively ; and all Drafls and Orders drawn and signed by the said Commissioner of Police shall be a sufficient Authority to the said Bank to pay the Amount thereof to tlie Persons named in them, or to the Bearer of them. And be it further ordained and enacted by the Authority aforesaid, That it shall be lawful for the (lovernor of the said Province to appoint, by Com- missions under the Great Seal of this Province, fit and proper Persons to be Police Magistrates to execute the Duties of Justices of the Peace at the Police Offices and elsewhere in each of the said Cities, and fit and proper Persons as Police Magistrates to execute the Duties of Justices of the Peace in the several Districts or other Territorial Divisions of the said Province ; which said Police Magistrates, bef<)re entering upon or commencing the Exercise of their Office, shall, in the usual and accustomed Manner, take the Oath by Law required to be taken by Justices of the Peace, and shall swear in the Men appointed as a Police Force for the said Cities and for the said Dis- tricts or other Territorial Divisions of the said I'rovince respectively, as Constables, for preserving the Peace, and preventing Robberies and other Felonies, and apprehending Oft'enders against the Peace ; and the Men so sworn shall have, within the said Districts or other Territorial Divisions of this Province, all such Powers and Authorities, Privileges and Advantages, and shall be liable to all such Duties and Responsibilities, as any Constable duly appointed has now or Jiereafler may have under and by virtue of the Laws of this I'rovince, or of any Statute or Ordinance ma •"*' Afternoon, and that they, or the major Part of such of them as shall be then present, shall choose One President. One Vice President, One treasurer. One or more Secretary or SecreUiries. and such other Officers and Servants as they or such major Part of them shall deem expedient to serve m t'*'-'''*"'/''^'^^^^ duriuK the Year then next ensuing; and may do and transact a I Matters am Business relative to the Interests of the sjiid Corporation ; and d by reason o any Matter or Thing the Election so to be had and made on the Ihird Monday in June as aforesaid shall be prevented, or shall not be had or made, then and in every such Case it shall be competent to the Members ot the said t:orporation and their Successors, or to the major Part ot such ot them as may be present at a Meeting to be called Iw the Presulent or V.ce l''es.d.'n tor the Vimc being in the Manner hcrein-after prescrd.ed, and held as som a ter- wards a.s shall be convenient, to proceed to and n.ake the Election o a IWent Vice Presi.lent, Treasurer, Secretarv or SecreUru-s ^'^f '••;;f ""I .^™ L^^ aforesaid; and the Elections so made shall be as valid and effectual as d they had been'made on such Third Monday in June ; and the IVesu len and otiie. Officers of the said Corporation theretotbre decte d shad continue u OHice mltd others sLl be elected in their Stead, any thing herein-before contained to the contrary notwithstanding. , . , * .1 •»„ ,.»„r,.Mi,l Tint And be it further ordained and enacted ''X the Autlumty atore^ml 1 hat until the first Election of Officers shall take pace the P^^]!" ^"'Jf^^* '^^^^jj,'' said Association shall be and continue t" ^'C. the Officers ott^he ^orpoia^^^^^^^^ hereby elected; and that the President, or m Ins Absence from the Uty ot KLi t£ vice Presi.lent. of the .lid Corooration ^'-"-^^^^^ -^ ^,f" J after the oassini; of this Ordinance cause Notice to be given to sutli ot t a fv rarMS;^.f the said Corporation herein-before mentjone^^ ^ha be then resident in the said City of Montreal tc. meet '\t such 1 k^^^^ '^^1,0 nioJ he shall in and by such Notice apoo.nt; and the ,;;'"'l ^J^").*? .^^''> [[Jy^^^^Z Part of such of them as shall be tlien vc'Bent, shall, at t'^%.\ '",?.'" VresUlent appointed, proceed to the Election "^ l'^^'^l'»^'"^-7 ..^rs a .1 Serv^ rj; 'ivVisiirer Secretary or Secretaries, and ot such other Officers aucl ?^tr\ants as ,^ iir^ilail ^I'meet. which said Officers trom tl- 1 - « . "^-^ f l^^^ to their resnective Offices shall contmue therem until the llulWoniUy n June iiUl e C of our Lord One thousand eight hundred and lorty-one. and from e cetbrtl m.til others be chosen in their Places n the manner aforesa.c \nd e it t'urther ordained and enacted by the Authority afores.aid, 1 at it at :«,y it . o Ce shall happen that Jy of the Persons chosen to hi tl^ Member, «! .!,.■ .s., I (:.«p~l..m .hvj la 1 "") ; '"^'^^Xr T iL al a.«l IW which a (IcniTal MwlmB >hall be alk m "" ,, i~ 4|,,„,. IWIom ,„ Vice IteiJe,,., on li.e 'V' > »' ''Ji^,; '' lf,;'jS:,,p rf ,|,c be,, of Ihe Con,oral.on. ..u« '' '.'^ ,/"'';; ,,y such Meeti.ig elect No. i.»y. Incorpiirati'ik; tlit \(liroc«i«» Library iif Moiilrenl. (4.) 11 t 136 ORDINANCKS PASSED BY THE GOVERNOR No. IS*. IncarporMinft (lie A(lrnr*t«!t Libriirs of Mnntren'. said l!orp<)n»tion, as tlit-y, or the miyor Piirt of them then present, shall think exnedtcnt, and niuy do and transact all Matters and Business relative to the Interests of tlie said Corporation not herein otherwise provided for; pmvided that no Meeting of the said Corporation under the I'rovisions of this Section hhall be held to be a CJeneral Meeting thereof unless One Half at least of the Members of the Corporation for tlie lime being shall be present thereat. And be it further ordained and enaited by the Authority 3t<)re«aid, 'I'hal the Members of the said Corjiorafion. or the major I'art of them who shall be present at any CJeneral Meeting of the sjiid Corporation held according to the llequircments and Provisions of the Second or of the Fitlh Section of this Ordinance, shall have Power and Authority to frame ami make Statutes, Hve I-aws, Rules, ami Orders touching ami concerning the good (Jovernment of the .said Corpration and the Income and Property tliereof, and any other Matter or Thing relative to the sjmie, which to them may seem fit or expedient for the ert'ectual Attainment of the Objects of the said Corporation and the Adminis- tration of its Concerns, and ako from Time to lime, by such new Statutes, Bye I-aws, Rules, and Orders as to tiiem shall seem meet, to alter or repeal those so made as aforesaid: Provided always, that no such Repeal or Alteration ,sliall be valid uidess Notice of the Motion t()r such Repeal or Alteration shall have been given at the General Meeting next inunediately precetling that at which such Motion shall be made and considered ; provided also, that no such Statutes, Bye Laws, Rules, or Orders shall be repugnant to the Ijiws of the Province or to this Ordinance. And be it furtlier ordained and enacted by the Authority aforesaid, That it shall not be a valid Cause ti)r the Recusation of any Judge or .Justice in any Prosecution, Cause, Suit, or Action, Civil or Criminal, to or in which the Kitid C'orporation shall Im; a Party, that such Judge or Justice is a Member of the said Corporation. And be it further ordained and enacted by the Authority aforesaid. That this Ordinance shall be held and considered to be a Public Act or Ordinance, anil as such siiall be judicially taken notice of, held, and consiilered in all Courts of Justice, and by all Judges, Justices of the Peace, and by all others whom it may cimcern, without being specially pleadeil. And be it further ordained and enacted by the Authority aforesaid, That this Ordinance shall be and is hereby made permanent, and shall remain in force until repealed or altered by competent Authority. (Signed) C. Poui.ett Thomson. Ordained and enacted by the Authority aforesaid, and pas-sed In S|)ccial Council under the (Jreat Seal of the Province, at the (iovern- nient House in the City of Montreal, tiie Twenty-sixth Day of June, in the Fourth Year of the Reign of our Sovereign Lady \'ict()ria, by the ( I race of God ofCireat Britain and Ireland Queen, Defender of ** the Faith, and so forth, and in the Year of our Lord One tiiousand eight hundred and forty. By his Excellency's Connnand. (Signed) W. B. Livdsay, Clerk Special Council. I hereby ceitil'y the above to l)c a true Copy of nn Ordiimiice ])assc' and also ly virtue ml muler the Authority <.f a cerUiin other Act of the ^me Par- ZZ^i passed in the Session held in the Second and '1 bird Years of the Reg. of e inesent Majesty, intituled "An Act to amend an Act of the las SJion if Parliameit L making temporaiy Provision for tie government of I owcr Canada," and it is hereby ordained and enacted by the Authority t 1 same. That .limes Stuart, (ieo^ge Vanfeison. ^'-^^fli; ^-'7^, '''^1^^^^^^^^ Charles Richard Ogden, Philippe Panel, Kdouard acquet. 1 enr) 1 lack, L ward 1 rroughs. Loui^ Fiset.'iean Franv«is D»va . Thomas William W illan. • ma d Desbarat. El/.ear Hedard, Charles D.-uise. Hector Simon Iluot Re Edo iar.1 Caro .. Daniel M'Callum. Thomas Cushmg Aylw.n, Joseph Andre l-i cher^ : obert Hunter Cairduer. (icri-e O'Ki Stuart, .ustavus^Wdham iMcksaai David Roy, Thomas Amiot. Edouar.l Mont./.ambert, J. N. IW, Xidrew.Stuat Charles Duchesnay. Dunl.ar Ross. Fc;^.. Fortu;r and William M'Tivlsl, a t Successors fo? ever, to be elected m the Manyer herem- ;/te di^e cte 1 si all be one Body Politic and Corporate, «'! Deed and .n^anu^ i^^v leName and Style of "The Quebec Advocates l^'"-'")' ""^ h.v • tilt Name have perpetual Succession and a I'ommon Seal and shall \v^^v IWer "mn Time' to'Time f. alter, renew, or change such t ommon Seal a S L;™.^ ./»l«t Nlm,o. K;.j/,.r .)»OUy ^^^^^^^^^^^^^^ factions whatsoever, and siuil and i. a> ; .7^^,;';;^^^ „,,, bl answered. i„ Law, and to be sue.l ''"P'^""'' /'^^-vt al i d Sndar Actions, Causes. i„ Ml Courts of- Law and Places w!-tsoe e, m U ' ^^^.n^ ^^,^, ,,^„^.. impleaded, or answered m anv ^'''",;''' ^p' J'T.!:'^^ hcrcin-befbrc mentioned, kiid for the better Acx-ompl-s - ^> j'' , ^'XXSv aforesaid. That the Sii;^^ U.etd Cli^ltir ^K. f ; successors W ever, shall, .m the (J-) No. IfiO. litcorporatiiiK tb« CJuebvc Advuctlti I.lbrnrt. No. 160. Incurpurating ll)e Qiieber Ailrocates Library. 138 ORDINANCES PASSED BY THE GOVERNOR Third Monday in June in the Year of our Lord One thousand eight hundred Jnd tbrtv-one and in each and every Year thereafter meet at some conven.ent wieKe appointed by the said cVporation (or tl>e major I'^'toj them who !l ^be present at any General Meeting) between the Hours ot Ten n the SLio^n an 1 Five in L Afternoon ; and that they, or the major Part of such ot- them as shall be then present, shall choose One President One Vice Pres|dent. One Treiurer. One or more Secretory or Secretaries and such other Officers ?nd Servru a they or such major Part of them shall deera expedient, to serve fn the afd Offices (luring the Year then next ensu ng. and may do and transac all Matters SlJusiness^elative to the Interests of the said Corporation ; and it bv reason of any Matter or Thing the Election so to be had and made on the Surd Monday in June as aforesaid shall be prevented, or shall not be had or made Ten and in every such Case it shall be competent to the Members of Se Sid Cor Joration. and their Successors, or to the major Part of such of them as mt be pTesent at a Meeting to be called bv the President or Vice President ?br tie Time being in the Manner herein-al\er prescribed, and held as soon afterward Is shalfbe convenient, to proceed to and make tj.e Election o a P e idtnt. Vice President, Treasurer, Secretary or Secretaries Ofti^eis a Servants as aforesaid ; and the Elections so made shall be as valid and eftec ua ^irthey had been made on such Third Monday in June ; and he President ^ul other Officers of the said Corporation theretofore elected shall continue m Offic" until others shall be elected in their Stead, any thing herein-before contained to the contrary notwithsUmding. ,.,.,,. • , -n,.,. ,i,„ And be it further ordained and enacted by the Authority afore.said, 1 hat the Honourable James Stuart, Her Maiesty's C^ief J-^.ce o t ^ovj^^^^^ shal be the fii-st President of the said Corporation, and that Henry lilack. Her Maiesty's Judge of the Court of Vice Allmiralty for this Province shall be the S Vice President thereof; and that tiie said President, or m his Absence from tl^t City of Quebec the said Vice President, shall, within Three Months after the passing of this Ordinance, cause Notice to be given to such of the several Members of the said Corporation herein-before mentioned as shall be then resident in the said City of Quebec to meet at such Place and lime as he sli.il in and by such Notice appoint ; and the said Members, or the major Part of uch of them as shall be then present, shall, at the Time and Place so appo.ntod, proceed to the Election of i President and of a Vice President, li-easurer, Secretory or Secretories, and of such other Officers and Servants as to then, shall seem meet; which said Officers, from the lime of their Election to their resnective Offices, shall continue therein until the I'liird Monday in June lu the Year of our Lord One tiiousand eiglit iiundred and forty-oiu-, and from thenceforth until others be chosen in their Places in the Manner aforesaid: Provided alway,s, that the said President and \ ice President hereby appointed, and all other Persons being Officers of the said Institution at the 1 ime of tlie passing of this Ordinance, shall continue to iiold their respective Offices until such First Meeting and Election shall be had as aforesaid. , And be it further ordained and enacted by the Authority aforesaid, 1 hat if at any Time or Times it shall happen that aiiv of the Persons chosen to hll the said Offices respectively shall die, or be removed from the said Offices or resign the siime during the Period for which they shall have been respeclively elected, then in every such Case it shall be lawful for the Presid.nn. or in his Absence from the City of Quebec for the Vice President, to issue Notice to the severa Members of the said Corporation to meet at the Place wiieie tiie Meetings of the Corporation are usually held, at such Time as shall be specihed in tiie Notice -and the Members of the said Corporation who shall meet m pursuanct of such Notice, or the major Part of them, shall and may choose an Officer or Officers in the Room and Place of the Person or Persons who shall have died or resigned, or shall have been removed from Office as aforesaid. And be it fiirtlier ordained and enacted by tlie Autliorily aforesaid, Ihat the Members of the said Corporation shall and may, on the 'ihiid Monday in the Month of October in each and every Year, and at any other Tnne at and tor which a General Meeting shall be c-'UhI in the Manner aforesaid by the re- sident or Vice President, on the Requisition in Writing ot any I'lve Members of the Corporation, meet at the IMace at which the Meetings of the Corporation shall be usually held, and shal! and may ;U ,iny nwch Meetinjr elect such Persons, beinc Advocates and Barristers duly admitted to practise as such in tins *» Province, AND SPECIAL COUNCIL OF LOWER CANADA. 139 No. 160. Province, or Judges or Justices, or Prothonoteries of some Court or ^lourts, or __ rfihe said Conxiration under the PtovWons ot this beclion shall be held to h ° Gene"j King thereol' unle.. One Half at least of the Meinbere of the '^Td"Stt±SinS^en'^erh;r«'J^^ 5'd*i,srif^K=^r»^£f-oj^^^^^^ Statutes, Bye Laws Rules and ^fd^ s as to Uiem s»a ^^ ^^ reneal those so -ade as a bre..^^^^^^^ ^ t Mot-"^-"'^'> ^^^P^^ ^^ ^l^.^'" ;l:rl^,rSuS'%!:^SsfS£:0^^^ ^e repugnant to the Laws of the Province or to t'^'s 0"^f "^""^J j ^v the Authority aforesaid, That it And I't' it further ordained and cnac^^^^^^^^^^ .,^ sh.5l not heavahdCause f"/ .I'-'^/J^X "crh^inal, to or in which the said X^^ ^i^cTi^^^'^^^ or Jukice is a Member of the ^^SKl^her -ned ^^ enact^U^,.^ ^S^l^tt STSISS S Ordinance shall V^'?')'',, "' 'i™'™^^^^ helo. and considered by all Courts, tS^:^i:^^'A':v^^'^i »" »*e.. wW,„ it n.ay concern, witlu.ut being specially pleaded. Autliority aforesaid, That this O^ill^'St i'lStX^lfanent. and iaU remain in f.rce 3l r e";:^^ or altered by competent^Authc,nty. ^ ^^^^^^^ ,^^^^^^^^^ r» 1 • „,1 nnd enacted by the Authority aforesaid, and passed in Ordained '^"'\,X^':' (^^eat Seal of the Province, at theOoyern- Special Council ""''^V'''';l, ' ,,,.„| ti,e Twenty-sixth Day of June, Jent Ilpuse in the ^^'y^^f^^'^^i*';, "sovereign Lady Victoria, by ■'" ^')^ ^"""'rnd o rea itrUain and Ireland Queen, Defender o ;l;: Sf: IS fJnSd in the Year of our Lord One thousand eicht hundred and forty. Bv his Kxcellency's Command. (Signed) W. R Lindsay, Clerk Special Council. . 1 .,. 1«. .1 tnie Copv of an ()rilin«nce passed 1 i«,.b, »nr, ;;;X,^ r i u-r"'.....!.. 5 "»•' -■,"■ ".'5 (Signed) \V. U. Lindsay, CK'rk Special Council. (*.) 140 ORDINANCES PASSED BY THE GOVERNOR No. lai. — .,..K, (^opy) Incorporating the Quebec Librarv i No. 161. An Ordinance to incorporate the Quebec Library. ■^ [Passed 2()th June iH'tO.J Wmfufas it hath been represented to his Excellency the Governor General „f this' Prov n e by the Reverend Daniel Wiikie, Doctor of Laws AV.lham Wa kcr Henry Jessopp, William Bristow, and Robert Hunter Gairdner Esquires, Tnstees oft.e QueVec Lib.ary, and others holding Shares as Proprietors thSn! that the said Library wis established at the City of Quebec ,n le Year One thousand seven hundred and seventy-nnie and has been in ac ve Oneration ever since, that tlie Management thereof is vested m Pi stees SSe annually by a Majoritv of Votes, but that from tl^ Want of Power fthe said Trustees to compef Payment of the Sums o Money due to the s id Library great Inconvenience and Loss are sustamed, and that it would ml great - to the Advantage. Instruction, and Improvement of the Inhabitants ,f Quebecland its VicinitTthat the .said Institution .should be incorporated and it is expedient to accede to the Prayer of the said irustees, subject to the Pro^ions Slid Enactments herein-after made and contained ; be it therefore oiXi^ed and enacted by his Excellency the Governor of this Provmce o LowerC'anada, by and wltii the Advice and Consent o the Special Council tbr he Affairs of this Province, constituted and ;«sembled by virtue and under the Authority of an Act of the Parliament of the United kingdom of Grea Britain and Ireland passed in the Eirst Year of the Re.gn of Her presen Sesty. intituled •« ^n Act to make temporary Prov.s.oii tor the Government of Lower Canada," and also by virtue and under the Authority ot a cerUnu other Act of the same Parliament passed in the Session held '" tje Second ad Third Years of the Reign of Her present Majesty, intituled " An Act o amend an .\ct of the last Session of Parliament for making temporary Provision for the Government of Lower Canada," and it is hereby ordamed and enacted by the Authority of the sjiid Acts of Parliament. Ilmt there shall be and there^is hereby constituted and esUiblished m the City of Quebec afi.resau) a Body Politic and Corporate under the Name o " 1 he lru.stees of the Queb.c Library." which Corporation shall, until the Fust luesday in the Month ut Auril in the Year One tiiousaud eight hundred and forty-one. consist o. the Trustees herein- before mentioned, and shall thereafter consist of I- ive of tlie Proi.rietors of the .said Library, to be eleetocl annua ly on tlie I'lr.st luesday of April in each and every Year (or if any such luesdav be a Holiday, or if he Election be not for any Cauae then had, then on such Day as shall be appointed in tiie Manner herein-after mentione.l), by a Majority of Votes of Proprietors o the said Librarv, not in Arrears of Sub.scription, present at a Meeting to be called by the Truster's for the Time being for the Pur,n.se of such Lleetion, by an Advertisement inserted during Two Weeks in some Newspaoer published m the said City of Quebec, specifying the Day, Hour. Place, and Object o such MeetiuK-, and such Corporation shall iiave pcjieiual Succes.su)n, and shal be in Law callable of suing and being sued, pleading and being mipleaded, defending and being defended, in all Courts of Law witinn the said 1 roymce, and shalfbe in Law capable of purchasing, holding, and convevmg anv hstate. Real or Personal, for the Use of the saiil Library, provieled sucli Real w Personal Estate at any One Time held by the said t;orporat.on shall not to.rether oicecd the Value of Three thousand Pouiuls, and shall have a Common Seal, witii full Power to alter, ch.inge, or break such Seal at then- Pleasure ; and the said Corporation shall have full Power ami Authority to make and establish such Rules, Orders, and Regulations (not being contrary to the Laws of this Province or the Provisions of this Ordinance) as shall by them'be deemed useful or nccessiiry fur the Management of the said Library, and to imiiose upon and exact from the Proprietors and Subscribers to the said 1 ibrarv s'lch Fines and Penalties lor tlie Breach or CoiUravention of such Rules," Orders, and Regulations as to them shall appear ie(pusite ; provided ilways, that the saiti Corporation shall not imjiose or exact Fines of a higher or ■ ■ ' nose heretolbie and now exacted by the Tru'^tees of the ^aid laru-er Amount than AND SPECIAL COUNCIL OF LOWER CANADA. HI said Library in like Cases, nor sliall any such Fine or Forfeiture for any One Breach or Contravention of such Rules, Orders, or Regulations exceed tlie bum of Ten Shillings Currency ; and the said Library, and all the Property and Lstate, Real or Personal, now belonging to or hereafter to be acquired by the said Proprietors thereof, as such, and all Dc»-tj, Claims, and Rights whatsoever due to them in tiiat Quality, shall be ana are hereby vested in the Corporation herebv established, in Trust for and to the Use of the said Proprietors, and to and for the Purposes of this Ordinance ; and eacli and every Act of any Majority of the Members of the said Corporation shall in Law be deemed and held to be the Act of the Corporation, and shall have I'orce and Lffect accordingly. And be it further ordained and enacted by the Authority aforesaid, That any Proprietor in the said Library residing in the said City of Quebec and its Vicinity, wiu) siiall refuse or neglect to pay his or her annual Subscription to the said Library for Tiiree consecutive Years or upwards, maybe notihed by the said Corporation, by a Notice in Writing, to be served either personally n ucl Proprietor or it f.is or her Domicile, that unless the Arrears so due be pS to\he said Corporation within One Month after such No ice, the Share or Siiares of such Projirietor so in Arrears will be sold by Auc ion at a cSn Place and Time in 'the said Notice to be speciHed ; and if after such N^dce the said Proprietor so in Arrears do not pay to the said Corporation, or io the Person authorized bv them to receive the same, the Arrears so due within the Day in the said Notice mentioned, then and m that Case it shall be awfSfor the said Corporation and they aiv hereby authorized to sell by AuctTo to the best and highest Bidder, at the Time and Place m such a fore- n 1 Vntire soecified the Siiare or Shares of such Proprietor, and to :^Xvro^^^^^'^'^^' '' ''''''' ^•-,Fr"^fr^''td'the by tL said Corporation for the general l-:xpenses o the said Library, and the Balance; if any,' specially to the Purchase of Books, Maps, or Charts, to be adiled to the said Library. And be it further ordained and enacted by the Authority aforesaid, That Ordinance; "'^'iLTlVS 7 fci « I la o fi.^^ Power to revise, alter, s'tii;:^ ■ii.r^itr™!;;" ;trr';ive„,,.o,ie pr„,„ie,«rsV ,>,e .i,. Library, not in Arrears as atoresaul. i„ force until repealed or alleird by competent Authority. (Signed) C. Poulett Thomson. .>r.1,ined and enacted bv the Authority aforesaid, and passed in '^!;:lrc;lc;i uir tl-e %at Seal of the Pn^"-. at theOjwen> No.161. Incorporating tlie Uuebuc Library. '•"7 Ho^'h Z C. .. o-'treal, the Twenty-sixth Day of June. Ill'lL frth V;;; of U.e Kelg.. o.- our Sovereign Lady Victoria, by (4.) '^ '^ No.161. Incorporating the Quebec Library. Ua ORDINANCES PASSED BY THE GOVERNOR 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. (Signed) W. B. Lindsay, ^ " Clerk Special Council. I hereby certify the above to be a true Copy of an Ordinance passed by the Governor of the Province "';,L"w«r Canada, by and vith the Advice and Consent of the Spec.al Counc.l for the Affairs of the said Province, on the Twenty-sixtl. Day o June One diousand eight hundred and forty, and in the Fourth \ear of Her Majesty. '^*'^"' (Signed) W. B. Lindsay, Clerk Special Council. No. i6;t. liii|iroveinciil i Uoads in the Neiahl)onrho(i( of Miiiitrcal. (Copy.) No. 163. An Ordinance to provide for the Improvement of the Roads in the Neigh- bmirhood of and leading to the Cit;, of Montreal, and to rm*e a Fund for that Purpose. ^^^^^^^ ^^^,^ j^,^^ ^^.^^ 3 WuKREAs the State of the Roads in the Neighbourhood of and leading to the Citv of Montreal is such as to render their Improvement an Object ot imme- diate and urgent Necessity, and it is therefore expedient to provide Means for effecting such Improvement, and to create a Fund for defraying the Expense Xreo f and the Lpenses necessary for keeping the said oads in permanen Repair ; be it therelWe or.iained and enacted by his Excellency the Governor of t^iis Province of Lower Canada, by and with the Advice and Consen of the Special Council for tlie Affairs of this Provi.K-e constituted and assembled ti'ie and under tlie Authority of an Act of the Parliament of the Ln ted Kingdom of Great Britain and Ireland ,)usscd in the First \ear of the Reign of Htr present Majesty, intituled " An Act to make temporary Provision for tlic Government of Lower Canada," and also by virtue and under the Authority of a certain otlier Act cf the same Parliament passed m the Session held in the Second and Third Years of the Reign of Her present Majestv, intituled An Act to amend an Act of the last Session of Parliament, and for making tern- Dorary Provision for the Government of Lower Canada, and it is iierebv ordained and enacted by the Authority of the said Acts of Parliament, Ihat 1 shall and may be lawful for tlie (Jovemor of the said I'roviiice, by Letters 1 atent under the Great Sail of the Province, at any Time after the piissmg of this Ordinance, to appoint not less than Five nor more than Nine Persons to be, and wiio, and their Successors, to be apiiointed in the Manner herein-after pro- vided, shall be Trustees for tlie Purpose of opening, making, and keeping m repair tlie Roads iierein-afler specified. . . , • c • 1 t. „» :.. And be it further ordained and enacted by the Autliority aforesaid, Uiat in case of the Deatii, Absence for more tiiaii Three Montlis front the I rovince, Misconduct, Inability, or Neglect to act. or Resignation of any One or more of the Trustees so to 'be appointed, the (iovernor of the said Province may declare a Vacancv in tiie said Trust, and supply and fill such Vacancy by the Appointment by' Letters Patent of other One or more 1 rustees as the Lase may require ; and unti' sucii Appointment, the ren-aining Irustee or 1 rustees. and the Majority of them, siiall continue to ilo and perform all and every tlie Acts, Matters, and Things necessary for and peitiuning to their Iriist, aiut the Purposes of this Ordinance. , . , • <• -i vi » .1, And be it further ordained and enacted by the Authority jiforesaid, I hat tin said Trustees, for all the Purposes of this Ordinance, may sue and be suei , and answer and be answered unto, in all Courts of Justice and other 1 laces, and may ncnuire Property and Estates, moveable antl iminovealile. which being so accpnred - '•■ • ' ■ • ■• »• • ' '• •' '•':" Uses of the Province, subject siial! be sted in Her Majesty fi.r the p to ider of lousand unci). 'le Neigh- • a Fund ne 181.0.] ing to til c of immc- Vleans for ; Expense jermanent Governor ent of the led by vir- l Kingdom gn of Her on for tlie lithority of lold in tlie Ailed •' An jking tcm- is hereby lit, That it tors Patent ing of tiiis sons to be, n-after pro- keeping in id, That in e Province, or more of ivince may ncy by tlie IS the Case ir Trustees, il every the Trust, and id. That the je sued, and x's, and may ; so acquired lice, subject to AMD SPECIAL COUNCIL OF LOWER CANADA. HS to the Management of the sai.l Trustees for the Purposes of this Ordinance, No^. and may. in the Manner which they shall deem fit, cause the said KoaUs, ana ,,„p„„j„,,„tof each ot them, and the Bridges thereupon, to be improved and widened, repaireu, ,i„^, ;„ ,he and made anew, and may change the Direction of the said Roads, or of any NeiKhbourh..od or either of them, and niliy cause to be repaired and made anew and mam- "' Montreal. tained all Drains and other Passages which they may deem necessary, either within or without the Fences on the Sides of the said Roads or ot any ot them, or in or through any Lands or Premises whatsoever, and may for the Purposes aforesaid, or fbr any of them, by themselves, their Agents and Servants go in o and enter upon any Und or Real Property whatsoever, and take therefrom any Earth, Stone, or other Materials which they may deem necessary or he Purposes of this Ordinance, and may cause to be erected, Oates, io" "'"''' Tu?npikes, Turnpike Houses, and other Buildings and may from lime to T me appoint anh employ a Surveyor and all such Officers and Persons unde tleTn aT'thev may delm'necessar/ for the Purposes of this Ordmance and may remove such Surveyor, and other Officers and Persons, or anv of 'len . anLppoint others in their Stead, and may cause to be Siycn, ""J/^'^^^ .t" ' receive, from such Officers and Persons respectively. Security for the due 1 er- Smanl^e of their respective Duties, and may pay to ^if^^^^f^^^f (,^^1^^^^^^^^^ ■ind Persons such reasonab e Compensation as the said Trustees shall ocem ;^l aJ gene a ly to do and perform all such Matters and Things as may be mSsa?v ffr carrying this Ordinance into effect, according to the true Intent. MeSand Objec^t thereof; any Uiw, Statute, or Usage to the contrary ""Sttlrther ordained and enacted by the Authority aforesaid. That if Uie i Tristee in the Execution of their Trust, and for the Purposes of this oXance 8 aU aJ they are hereby authorized to do acquire any Lands or O ornXbeonSng to o^r in the P.Lession of any Body I'^^'tic f^ommumty. CoZrSion or^other Person or I'ersons whomsoever, who cannot in common tour" S- Uw sellor alienate any such Lands or ^--.'l^- ^"^"tu ,Tpa ll h..«xPdbv Acreement or by Arb tration, and not a Principal Sum, si all bt pau a aTAlte 3 in cie the said Parties ^^^'^\-^'Si:!^:iTy.t'^Si .,f such Rent or upon Arbitration to fix the same, the said Rent shall be settiei S In'ttutton of such Action, the Parties inst.tutmg tl;e «'»>"« f^l-'y; ,:,cl, l>«n„w, ami il '''« ''»"X JTe iWsu'^^1 »" W "'^ *-'»"' "' same. Ai said ' by t! i :i: (+) No. 163. Iniproremenl of Uo^-.ds in the Neiphboiirliood of Alpntreal. U4 ORDINANCES PASSED BY THE GOVERNOR and any and aU Acts, Matters, and Things by him done and performed in and about tlie said Trust, and for the Purposes of this Ordmance, and any and al Writincs and Documents whatsoever relating to or connected witli the said Trust mid the Purposes of this Ordinai'ce, signed by liim, and countersigneil by Two of the other 'IVustees in case they be Five in Number, or by lliree ot the other Trustees in aise they be more than Five in Number, sJiall be held to bo iiood and valid to all Intents and Purposes wiiatsoevcr : Provided always, that the said Trustees, or a Majority of them, may, by an Instrument under their Haiuis. re%oke such Appointment, and appoint in like Manner any other ot tlieir Number Manager m afbresaid ; 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 ail the Purposes ot their Irust and ot this Drdinance, without appointing a Manager as aforesaid. And be it further ordained and enacted by the Authority aforesaid, 1 hat the Koads to and over wiiicii the Provisions of this Ordinance and the lowers ot tlie said Trustees shall extend are, firstly, the Upper Lachme Hoati, from tho 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 Koad towards the Point Claire Two hundred Yards above and beyond the said upper Entrance of the said Canal ; secondly, tlie main Road from the Houiulary of- the said City and Town towards the North-east to the Ferry over the River Desnrairies at the Place commonly called Bout de I'lsle, in the Parish of La Pointe aux Trembles ; thirdly, the Cote des Neiges Road, trom the Boundary of the .s;iid City and Town towards the Nortli-we.st to the 1 laco called I'Abord a Plouffe on the said River Dcsprairies ; fourthly, the main Road commonly known as the Continuation of the St. Uwrence Mreet, am leading in a North-westerly Direction from the City Boumiary to Mile End Tavern, and thence in tho same Direction to a Point on the said River Dcs- prairies in the Parish of Sault au Recollet ; fifthly, the Road commonly called the Road of the CoteSainte Catherine, from the said Road thirdly above mentioned to the said Road lastlv above mentioned, and thence to the Road next herein-afler mentioned ; sixthly, 'the Road commonly the Victoria Road, fi )m the Boundary of the said City and Town towards the North-east, running to tiie North-west until it joins the Ro;id last above mentioned ; seventhly, the Lower Laclune Road, tiom tlie Boundary of the said City and Town towards the South, to, and One hundred Yanls bevond its .lunctiois with the Cross Road loading from the said Lower Lachine R'oad to tho Upper Lachine Koad herein-after mentioned at or near the Village of Saint Henrv ; oightlilv, the Cross Road last above mentioned, and throughout its wiioio Length as aliove dofinetl ; ninthly, the said Lower Lachine Road from a Point One hundred Yards below and to the Eastward of the Ciiurch of tiie I'arish of Saint Michel de Lachine to its .function with the said Upper Lachine Road : Proviiled always, that the Word " Road " in this Section shall be constniod to nu'aii as woll front Roads as Routes or bye Roads, and any new Road or Part of a Road (hot weon the said Points heginnmg and ending of each Road rospeotivoly) to l)e made by the said Trustees as woll as tiie now existing Roads or I'oitions of Roads between such I'oints. And be it further ordained and oiuictod by the Authority afinestiid, 'ilmt the said Trustees may and shall doiiiand, li;\ v, exact, and receive, on each (if the- said Roads, at the Turnpike liatos an.l Toll Houses to ho thereon ostablishod under and by virtue of this Ordiiiauco, from all and every Person and Persoii> who shall pass upon or use the said Uoads or oillior of them, the cortain Toll> and Rates hereby designated and established-, that is to say, iiixiii that one of the said Roads 'in tho Soventh Section of this Ordinance firstly mentioned, known as the Upper Lachine Uoail, tlu> Tolls and Rates fi:)llowing ; namely, For everv Waggon, Wain, Cart, or otliir Wheel Carriage ti)r tho Transpor- tation of 'Loads, the Wlieols whoroof Ikuo Tiros or Track;, of the Iheadth ot Five Inches or upwards English Moasuro, drawn by One or Two Ilorsos or other Beasts, if the same bo l(>a^|.'!" « l'-;;;}-:-: Currency, and for every additional Horse the further Sum o l^'"1^'^"f'-jV'J rencv For every Horse, Mare, or (ielding with a Rider, the Sun of lour penceCu cncvflor eNery Horse, Mare,1:ielding. Ass, Mule Ox, Cow, and C of other 'Neat Cattle L drawing, the Sum "['f- l'-J.^""S; J,T- .■verv Score of Sheep, Lambs, Hogs, or Swme, the Sum of l''ve-pence Lu • i V • A "l u,.on al/the said Several Roads in the said Seventh Sectioi. of tlm Ordinance desJribed, other than the -i'l Upper Laclune U^l- *! J \^l;^ Rates to be so demanded, levied, exacted, and received as atoiesaid, 'oi tu > W J^^on, Wain Cart , <.r mher Wheel Carriage tor the '^l^^^^'^'^^:;^^^'^ ^§sctdr;s-'^^i£-^^s^^ leceived by the f^^^^-'^^^l^^^^^^^'^^^^ y^^L in Amount to the said Upper Lachme Road, ...all buu t'^ ^T .e I encrtli of such Roael the said Tolls and Rates herem-before ^I'^'c hed ; I;' - .^j^^j,,; , ...^i, bears to the Length of the >aHl Upj.er lr'['''' . '\^f ; f^j^V ^ uH shall exhibit Proportion in reference to any of i.e saul sev a ""^ | '\ ' ^ ^,j. ^^ p,„„, ,i„i| a fractional Part of a Penny, m winch t. use m < •« » ^"^^^ ^^ ^^.^,l, „„, be deducted, and the Sum remaining atU'i sud '^^ '^*': J ' \. ^,,, ,,,,eby Toll upon such Koad; and the said V\'m n Rei^^^^^^ .uthori'ed and empowernl to make and ^^''^/^ ' ^, ,-t ' .eV'onsent of .Mcl. Tolls or Rates shall be so levied ='- f J '^'' *J ;{ '^^^^ « alt "and change ,he (Jovernor. may, from i''"\\\» l""^\"^,/''^>. -T ^S «"'' '"«v and and modify the said Rates and 'I oils ^"'^ . ' „, J^'^*^ ^*^:' '^To 1 Bar. by anv shall prevent the passing tlm.ugl. any ^ ' f^^,, .jf^, ! l,^, „r Toll shall Person, Vehicle. Animal, or Ihmg, bom o .)i h d. ^ , ^j^^^, ^^^ be payable, until such Rate or loll <.e F- ;J , ! !', 't- w ereat any Rate (i.) r i' No. l(i, ^''^^^^J''' iich Interest to be paid out of the Tolls upon the said Roads, or out of ay other Monies at the Disposal of the 'iVustees for the Purposes of this ''Ind 'be- it further ordah.ed and enacted by the Authority afoi.saidThj if ai V Person or Persons shall (brge or counterfeit any such Debenture as tees, Debentures to an Amount not exceeding Twenty fhousand Pounds Currency, and by Warrant under his Hand to authorize the Receiver (Jcneral to pay to the said 'Irustees, out of any imapitronriated public Monies ill liis Haiuls, the Sum secured bv such Debentures, the Interest and Principal of and on wliicii siiall be paid to the Receiver (Jeneral by the said Triistees, in the >ame Manner and under the same Provisions as are provided with icard to such Payments to any lawful Holder of such Debentures, and being >(M>aid siiall remain in the Hands of the Receiver (ieneral, at the Disposiii ot tlie Legislative Autiiority of the Province for the Time being. •\iid be it fiiriiier ordained and enacted bv the Authority aforesaid, 1 hat if •It any Time it shall happen that the Monies then in the Hands ot the said Trustees shall be insutHcient to enable the Trustees to make any Payment leuiiiiedor authori/ed to be made bv this Ordinance, all Arrears ot Interest due on any Debentures issued under the Authority of this Ordinance shall be 1) lid by the said Trustees before aiiv l*art of the PrinciiKil Sum then due upon ■iiul secured by any such Debenture shall be so paid ; and if the Deficiency be Micii that the Kuiids then at the Disposal of the Trustees shall not be suffi- cient to pay such Arrears of Interest, it siiall be lawful for the (Jovernor tor the Time being, by Wanant under his Hand, to authorize tiie Receiver (ieiiend to advance to the said rrustees, out of any unappropriated Monies in his Hands, such Sum of Money as may, with the Funds then at the Disposal of the Trustees, be siitficient 'to pay such Arrears of Interest as aforesiud ; and the Amount so advanced shall be repaid by the said 'Irustees to t!i<| Receiver (Jeneral out of the Sum so to be commuted, levietl, and collected IS aforesiiid, and being so repaul shall remain in the Hands ot the Receiver (ieneral, at the Disposal of the Legislative Authority ot the Province. \ndhe it further ordained and enacted by the Authority aforesaid, Ihat the due Application of all imblic Monies, whereof the Kxpenditure on Receipt is authorized by the preceding Sections, shall be accounted tor to Her Majesty. 1 ler Heirs and Successors, thiough the Lords Commissioners ot Her Majesty s Treasury for the Time being, in such Manner and I''«)rin as Her Majesty, Her Heirs and Successors, shall be pleased to direct. And be it further ordained and enacted by the Authority aforesaid, Ihat il iiiv Person or Persons shall cut, break down, destroy, or wilfully injure any Turnpike (Jate, Toll Har, Toll House, Kmbankment, Dram, or V\ork of any Kind whatever erected or made under the Authority of this Ordinance, such Person or Persons so ofTeiiding shall be guilty of a Misdemeanor, and being thereof lawfullv convicted before any Court of competent Jurisdiction may \w punished by l-nie and Imprisonment ; and if any Person shall forcibly pass, or attempt to pass, any such Turnpike (iate or Toll Bar, without having hist paid the legal Toll thereat, such Person or Persons shall incur a 1 enalty not exceeding Fortv Shillings Currency for eacli Ofienee. \nd be -■ fiirther ordained and enacted bv the Authority aforesaid, lliat no Person shall leave any Waggon, Cart, or other Carriage, nor shall lay or leave any Matter or Thing creating anv Obstruction of any Kind, m or upon any ot the said Roads, or the Ditches or Drains thereof, or those made by or by Order of the s:iid 'Trustees, under a Penalty not exceeding 'Twenty Shillings ( iirrcncy liir each OfTence. . , • ,. • i ti , •,• \nil be it further ordained and enacted by the Authority aforesaid, 1 hat it any Person or Persons shall, after proceeding upon any of the s;ud Roads (wiiether in the Winter Season or in anv other Sestson) with any Carnages, Animals, or 'Thincs liable to 'Toll, turn out' of the s;ime into any other Road, so as to evade Pavment of Toll at .my Turnpike Gate or 'Toll Har, such Person or I ersons shall for e.ich such Offence incur a Penalty not exce. ding 1 en .Shillings ; am the said 'Trustees shall and may place Turnpike (Jaus and loll Hars on aiu across the Kntranee of any Passage or Way leading into or from any ot ihe saiil Roads in iinlcr to iiri'vent sucli Lvasion of 'Toll. iiacted bv ilic Autfiority aforesaid, That il And be it furth any AND SPECIAL COUNCIL OF LOWKIl CANADA. 149 Na. 163. liMpruvtintiit oi ii In th* [hbourhood any Person or Persons, Body Politic or Corporate, occupying? or possessing nny enclo»e aforesaid, Ihat this Ordinance shall be a Public Ordinance, and as such shall he tiiken notice of, held, and allowed in all Courts and elsewhere, and by all Judges, Justices, and Persons whatsoever, without being specially pleaded. \m\ he it further ordained and enacted by the Authority atorcsaid. Ihat this Ordinance shall be a permanent Onlinance, aiul shall be in force untd repealed or altered by competent Authority. ScHi;i)ti.i; (A.) UoAi) Loan. Ci-niticur Vn. — — ■ Ciirrpticy. Inlcii'^t at — pur Ct'iil- |H, — luteK^^t on Ihia CCTlifiMU- paid TuJuiul'V 18 — lUciilil >>ii July '• — Januirjf IS — July - — .Unuiiry IH — July • — .Unuiiy IN ■ luly - — January IB — Cerlificalc No .CuiTcucv ;} Montreal ■ 18—. Wi ccrtilV tiiat iiiuler the Aullioiiu of ilie I'roviiicuil Oriliuaacc ot l.owcr Canada passed on thu -Day of 18-(Thira Victoria, Cap .), mtaule.1 •< .\ii Onliniuico to imnide for tin- Impioveinciit of tlie Uoads in llm Neigliboiir- l„M»l ofnml leading to tlu; Citv of Montreal, and to raise a Fund lor that 1 nrpose, lliorr iuts been lK.rrowe'^' "'Y ^ and be s led, implead and be itnpleaded, answer a.ul be answered, delend u le .lefended in all Courts of Record and Places of Judicature and Jur«. i: wUhin the said Province, and do, perform, and execute all and every awful Acts and Things in as full and ample Manner and I'orm, to all Intents. C^ s rm^tln., and l-trposes as any other l^-'-j-^-'' p'^C;""/!;, J^^^ Cornorate and Ecclesiastical by Law may or ought to do : Piovided alwayx. Hi.. Rules, Uye Laws, or Regulations, or Practice, lor or concerning he a3 n Lion and Eteclion of new Members, or the temporal in>tics of M. biilpice, con- hrmint; iheir'iiiles, ami prdvirfiiij; for tlie Extinction of ^ei;;lliorii^l Kights ttiereir. 158 ORDINANCES PASSED BY THE GOVERNOR every the Hifihts, rrivilcgcs, ami Appv.rtenanccs thereunto respectively bcj lonsrinff or hi anywise ai)i)crtaining, sliall be and they aio hereby conhrn.ed and declared good, valid, and effectnal in the Law ; and the Corpo- ration hereby constituted shall and may have, hold, and possess the same, n's Proprietor thereof, as fully, in the same Manner, and to the same Fxtent as the Ecclesiastics of the Seminary of Samt Sulpice of the l-aux- bourn of Saint Germain chez Paris, or of the Seminary of Saint Sulp.ce of Montreal, according to its Constitution, before the Eighteenth Day of September which was in the Year One thousand seven lumcired and htty--Mne. or either or both of the said Seminaries might or could have done, or had a Ri.Tl,t to do, or might or could have helil, enjoyed, or applied the same, or any Part thereof, previously to the last-montioned Period ; and to and or the Purposes. Objects, and Intents following; that is to say, the Cure of Souls within the Parish (La Desscrte de la Paroisse) of Montreal ; the Mission of the Lake of the Two Mountains, f()r the Instruction and spiritual Care of the Almnquins and Iroquois Indians; the Support of the Petit Semmaire or College •,t Montreal ; the Support of Schools for C^uldren within the Parish :if Mont- real • the Support of the poor Invalids and Orphans ; the sufficient Support am Maintenance of the Members of the Corporation, its Officers and Servants ; and tlie Support of such other religious, charitable, and educatioiud Institutions as mav from Time to Time be ajiproved and sanctioned by the Governor, Lieu- teivint CJovernor. or Person administering the Government of the 1 rovmce for the Time being, and to or for no other Objects, I'urposes, or Intents whatsoever. And be it further ordained and enacted by the Authority aforesaid, 1 hat all •oul .■^in.nilar the said Eiefs and Seigniories of the Island of Montreal, of the I ake o?the Two Mountains, and of Saint Sulpice, and all and every the said liomains Lands, Buildinss, Messuages, Tenements, and Hereditaments, Seigni- orial Dues and Duties, Monies, Debts, Hypotheques, Real Securities. Arrears of I ods et Ventes, C:ens et lleines, and other Seigniorial Dues, Goods, ( hattels. and moveable I'lojierty whatsoever, shall be and the same are hereby vested in the said Corporation 'of the Ecclesiastics of the Seminary o Saint Sulpice of Montreal hereby constituted, and their Successors, to be hail, held, possessed, and enioved by the said Ecclesiastics of the .Seminary of .Samt Sulpice of Montreal, and their Successors, as the true and lawful Owners and I'loprietors of the same and of everv Part and Parcel thereof, to the only Use, ReiieHt, and Behoof - f the s.iid Seminary or Corporation, aiul tlun- .Successors lor ever for the Piui)oses aforesaid, and according to their Rules and Kegula- tioiis now being or heieatter to be in fi)rce ; subject, however, to the ierm>. Conditions, Provisions, and Limitations touching anil concerning the same or an\ Part thereof, herein enacted. exj)iessed, and contained. "And be it further ordained ami enacted by tlie Authority aforesaid, 1 hat the >M Corporation of the Ecclesiastics of the Seminary of Saint Sulpice of Mont- ic >1 hereby constituted, and their Successors, shall be and they are hereby helil and bound, whenever thereunto rcf or mav owe, or with which the s;iid Land or immoveable Property in respect s,. Sulpice, eon- whereof such Commutation, Uelcase, and Exiinguishment niay be sought or ;;[;;;';;B,i|'Jj; "f^;; required, had been, was, or may be then chargeable, or shall have otherwise ^,_^ E„i„ctio.i of satisfied tliem in tiiat lieiialf by any Mode of Adjustment agreed upon and siignioriM Highu "..111 J ■/ thtrein. ''" And be it further ordained and enacted bv tiie Authority aforesaid. That the ■ - Price, Consideration, and Indemnitv to be paid by any Censitaire, 1 erson, or IJodv Politic or Corporate, for such Commutation, Heleasc, and Lxtmguisli- ment, witii regard to liis, her, or tiieir Land or immoveable Property situate within any One or more of the said Fiefs and Seigniories, to be paid by Inm, her or tiiem to the said Ecclesiastics of the Seminary of Saint Stilpice ot Montreal, or their Successors, shall be at and afler the Rates following ; that w to say, that the said Commutation of all Cens et Rentes within all and every the £d Eiefs and Seigniories shall he had and obtained on the Pavnient of such Capital or Sum (if Money as the said Cens et Rentes, reckoned at the legal Rate of Interest, shall or may represent; that the said CommuU- tioii of the Droit .le Lods et Ventcs, upon <.r ui respect of any Lot l.ece, or Parcel of Land in the said Eief and So.gmory of he Island of Mon- tred i.avm- Buildings on it, and being with sueli Buildings of the Value of i\-e I 1 dred Pound. Currency or npv^irds, shall be had and obtainecU or anddurin- the first Seven Years wliicli sh;.ll elapse after the passing of this ? rdi u e, upon Payment of not more than One Twentieth Part of the yal.ie of uch Lot, Piece, or Parcel of Land and Buildings, and at any lime at and a lerte Expiration of Seve. Years subsequent to the passing ot this OrdnKince. .ndbefbre the Expiration ot fourteen Years from the said lime, upon Payment of „n. on thai Oneeighteentli Part of the Vah.e of such Lot, Piece, or Pa id o Lin and Buildings, an.l at any Time after the Expiration of 1- our- teen Ye rs iom the sai.l Time upon Payment of not more tl-an O^^e-s^teenth Part of the Value of such Lot, Piece, or Parcel of Land and Buildings ; that i e s tl c'ommutation of the said Droit de Lods et V^jntes upon or in respect of .,nv I ot Piece or Parcel of Lane situated within the saul t ity ot Montreal, SrJu ion he'r° ma b. Buildings of which the Value shall be ^ss than Live r;;;of'M:iu ; i .w of th ; dVSs and seigniories of the Island o whicii there shall not be Buiklnii;s of tlie \ aim "' ^'"\ ' """; p ■ , ^,^- K:!.T.;;;;".r .^»rs;::^.;.;";t-i^v!;;:;i"s;,., ... .■„.„, » Authority aforesaid, Tiiat Parcel of Land or P.uilduigs. Ami be it fiirthn- onlamed and ^";"- J!*^^ s^niinaV^'of Saint Sulpiee i„ all Cases where the saul l'-'^'^''''^^'^ V he v.i^l Ce^SSes or other Person ., Montre.1, ••-••^^--•- i;;;^^^^^^^^ Kelcase, Persons (4.) Body P< U UliU i- lit 154 ORDINANCES PASSED BY THE GOVERNOR No 164 and Extinguishment in manner aforesaid, shall not by voluntary Agreement _• set le and determine tl'e Value of any such Lots, Pieces, or Parcels of Land I'roperty, Indemnit ■uul Property, with reference to which the said Price, Consideration Money nul IndemnitY, according to the Rates herein-before established, shall be fSl. Suliiice, con- '"'" »"*'"■ J' " . . • i i i .^ Incorporating llic Kcclesinstics of the Exlinction ni' Seigniuriul Uii^liis llierein. ^r„^.,«.he;.Titie„ reckoned, sucli Value thereof sli." be hxed, ''^^l^rtauied and m^emmred by an.l ,,ro»iHing for ,i,e Award of Arbitrators in manner following ; that is to say, the said LccIl- si'istics of the Seminary of Saint Suljiice of Montreal, or Successors, shall and niav nominate, and in their Default so to do, one of the Justices of the Court ot Kin"-'s Picnch t{)r the District of Montreal.shall and may on their Relialt nominate, 111 Arbitrator, being an indifferent and disinterested Person, and the f^a"' Ce"; sifiirc, Person or Persons, or Podv Coriiorate or Politic respectively, slia 1 anil may nominate and ajipoint one other Arbitrator, being also an iiuidoreiit ■Hid disinterested Person, and the said Court ot Kings Ikiieh for the said District of Montreal, upon a Petition or summary Application to it made in tint Rehalf shall and may nominate one other Arbitrator, being also an iiulifte- lelit and disinterested Person ; whicii said Three Arbitrators, after having been previously sworn, before any One of the Justices of the Court of Kings Pencil tor the said District of Montreal herebv authorized to administer sucii (Mil, well, truiy, and honestiv to execute the trust and Duty of Arbitrators as afore- said and after Notice "to the Parties respectively of the lime and 1 lace of their meeting, shall proceed to fix, ascertain, and determine the Value of the lots Pieces, or Parcels of Land and Property in respect whereof such Com- iniitatioii, Release, and Extinguishment shall be required ; provided always, tint the Costs and Expenses of such Arbitration shall be borne by the laities in enual Shares, and that the said Arbitrament and Award of the said Arbi- trators, to be named and appointed as aforesaid or of any 1 wo of tliein, in •ind respecting the Premises, shall be final, and the s;ime shall be du y returned into tiled, and enrolled in the said Court of King's Bench for the District of Montreal, and siiatl by such Court be duly confirmed. \nd be it further ordained and enacted by the Authority aforesaid, lliat upon the rendering and CoiiHrmatioii of the said Award in the iJehalf and m Manner aforesaid, it shall be lawful for the Censitaire, I'erson or lersons, or Rodv Corporate or Politic, rwiuiring such Commutation, Release, am hxtin- -ruishment of all seigniorial and feudal Rights and Ihirdens as aforesaid, To pav or offer to pay to the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, or thJir Successors, as and fbr the Price, Consideration Money, aiui Indemnitv for the said Commutation, Release, and Extinguishment of all seit'uiorial and feudal Rights and Burdens, sucW Part ot the \ alue o such ";-.cc or Parcel of Land and Projiertv, fixed and iletermmed by such Award, s according to the Rates mentioned in the Fifth Section of this jireseiit Ordi- u.ince siiould be due and jiavable in that Behalf, or to declare his, her, or their Oinion to the said Ecclesiastics of the Seminary of Saint Sulpice o IMoniieal, or their Successors, that the said Price, Consideration Money, and Indemnity, (provided the same shall amount to not less than One hundred Pounds Curri'iicy,) shall be and remain iiiion and shall charge and atlect such Lot, Piece, Parcel of Land or Proiiertv, at and ti)r a redeemable Quit Rent, (:i Rente constituee et rachetable), according to the Laws of this Province ; and that any Option in the said Behalf so made and declared shall have the lull Effect in Law of charging and affecting such Land or Property for such 1 1 ue, Con.Mclcration Money, and Indemnity at a redeemable (juit Rent (a Rente constituee et rachetable) to all Intents and Purposes whatsoever. And be it further ordained and enacted by the Authority aforesauU 1 hat from and after the voluntiiry Settlement and Adjustment between the 1 arties touching the said Price, Consideration Money, and liuleiniuty, or from aiul alter the Payment or 'I'eiuler of Payment to the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, and their Successors, ot the said 1 rice. Consideration Money, and Iiulemnitv, reckoned according to such Award in that Behalf, or fioni and after a Declaration signified to the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, or their Successors, by the saul Censitaire, Person or Persons, or Body Politic or Corjiorate, of his, her, or their Option that such I'rice, Consideration Money, and Indemnity, reckoned accord- iiiU to such Award, shall be and remain upon and charge and art "t sucli Lot, ..." .. , .; ■ , II, .. 1 c. .-...i. Piece, or Parcel of Land and I'roperty, at am 1 fi)r ■deeinable (jiiit Rent (a Rente constituee et rachetable) in manner [itoresaid, ail and every tliu Droits de Cens AND SPECIAL COUNCIL OF LOWER CAKADA. 155 (•ens ct llentcs. Luis ct Ventcs, Droits de Banalite et de Moulin. Droit dc NoJ64 Uc'trait. and all otl.et feudal and seigniorial Rights wiiatcver ot the saia i!.ccie- ,„,„,,,„ating ihe siastic" of the Seminary of Saint Sulpice of Montreal, and their Successors, ,,;,,i,,ustics of ':^^ ^l respect'of the Lot. I'iice, or Parcel "^ La^}!^- ^meit" ^ ^^^^^^^^ and concerning whicii sucii ("omnuitation, Release, and Lxtmguisliment may s^ ^^^ Tsought and required, shall be and be held to be taken and considered fo. ,^ ^,,^^f ever commuted, released, and extinguisiu-d, and such Lot. Piece, or Parcel ot s,,.uorml R-gLw Land si a riiolden. and be deemed:! and considered as ho den. tl.encc^orth for ,.uren^^ eve • by the Tenure of I'ranc Aleu Roturier, accordmg to the Laws of th r - Se and shall never again be granted, surrendered, or holden by any leuda Ten ue Whatsoever: IVovided always, tliat nothing '---'jlJ- -;;-"';; shall extend or be construed to extend to discharge the Lots, 1 iccts. oi ParLs of Land, the 'lenure whereof may be so converted into that of Ira c Aleu Rotuier, ton, the Rights. lIypolhe,,ucs. Privileges. Reservations and Dcnnnds of t e said Ecclesiastics of the Seminary of Saint Sulp.ce ot Montreal mTtliir Successors, charged in and upon the same, tor the Security and Recoverv of the Price, Consideration Moi' -y. and Inder ..ity. which, by reason of tl?rAdii^tme^^ with the Censitaire or Person who required such Commuta- ^IWS^ I Extinguishment, may remain as a Cl.arge ancl Incumbrance of sue ; I an 1 or Property, at a redeemable Quit Rent as aforesaid, (tor the Secuu y £]ll^l::;.!r ' l>f winch Prices. Consiclenition Mone^ -d Lidenniig e saK^ Montreal, and of their Successors, be and the same aiu nticuj niaintaiued. , . , , » i i,„ ,1,,, A,,tlinritv aforesaid, Tiiat if „r,„c»a l»V ,..ml « '"'l''=Vi'iI u V c« „' 10 »" •"'■!> Award ment in Writing before l«'\ ^'' '!'''•'■'';?' ,:\,;rComm Release, and the iomtCost of t'^" I'art-es). set ing o th m^ki Co- "m^^^^ , ^^^^^^^^^^^^^ Extinguishment of a^l ^^f^--^^!^ Siiv^ t aw. and the respective and the Terms and ( oiuhtion. tl e ot -H-un dm t . Censitaire. lli.ius of the Parties, it ^ -l^ ^"'1 '"JJ^^^ or iUtic afore.ud. to implead I'eisou or Persons, or Body ^^ "n'""tt ^r ^ °'iu :\io„treal. and the sai.l Ecclesiastics oi the Semmarv <^>! "^3^=^; „., District of t,.eir ^'•— -;\.;l!;r:/Z;pdhng"fcn,^to^ ^"e said Cen- awaru aim adjudge i" :m.v.. v .........■■-. - ;,;. Politic, the filll Benefit of such Com.nutat,on.Rt lor and in respect --■^s;:';;.t>i^"-.°i;t^'^--- And (->•) Nn. 164. Incorporating the Kcclesiaslics of St. Siilpice, con- firming iheir Title*, and providing for the Extinction of Segniorinl l{ight:i therein. 156 ORDINANCES PASSED BY THE GOVERNOR And be it further oraained and enacted by the Authority aforesaid, That the .said Ecclesiastics of tlie Seminary of Saint Sulpice of Montreal, and their Sticcesfiors, shall not, for Arrears of Lods et Ventes accrued to them at the Time of the coming into force and etfect of this Ordinance, or hereafter to accrue and become due to them, according to Law, for each Mutation in the Ownership of any Lands and Tenements situated within the said CUty of Montreal, and of whicii, with the Buildings erected thereon, the Value shall be the Sum of Fi - •- , . , tWC.iii.-v.. . -- any such Lands and Tenements', nor shall they, for each and every Mutation sf which, witn me i>tiHuiiig.> uii-v-n-u i.u-ivw.i, i-.i.. .«.uv .^.-i.. ..v. ...iv, .-...i. „. Five hundred Poinids Currency or upwards, demand and ex.ict more than One- twentieth Part of the I'rice and Consideration for each Sale or Conveyance of any such Lands and Tenements, nor shall they, for each and every Mutation in the Ownership of any Lands or Tenements situated in the Censiveof any One_ of the said Tiiree Fiefs and Seigniories, and out of the Limits of the said City of Montreal, exact and demaml more than One-sixteenth Part of the Price and Consideration of the Sale and Conveyance of such last-mentioned Lands and Tenements ; nor shall they, for eaci. and every Mutation in Ownership of any^ and every such A.rcars of Lods et Ventes, accrued at the Time of the passing of this Ordinance, accordingtothe respective Rates aforesaid, shall not be demandable from any Person or Persons owing the same personally or hypothecurily. nor shall anv such Persons or Persons indebted as aforesaid to a greater Amount than Forty- one Pounds Cunoncy be compellable to pay the same to the .said Ecclesiastics of the Seminary of Naint Sulpice of Montreal, antl their Successors, except within Seven Years from the Day when this Ordinance shall come into force and effect, in Seven equal and annual In>talmeiits : Provided always, that in default of any Person or Persons to pay any such Instalment or Instalments after the same shall become due, and lifter 'I'liree Months Notice, and a notarial Demand signified to him or them in that Uehalt; the whole of such Arrears of Lods et Veiites, according to the Rates aforesaid, or the remaining unpaid Instalments thereof, shall become anil be immediately payable to and deinaml- ablc by the .said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, or their .Successors, from and shall be paid to tlii'in by tiie Person or Persons who shall owe the same ; provided also, that in case the said Ecclesiastics of tiie Seminary of Saint Sulpice of Montreal, or their Succes.sors, shall, before the Time when this Ordinance shall come into force, have been obliged to make and file any Opposhion atin de con.server in any Court of Judicature in the .said District of Montreal, with regard to the Lands or Tenements charged and encumbered with and t: the Payment of any such Arrears, or to the Proceeds of any Judicial Sale tlrjreof, or to Ajjplications for Judgments of Conlinnation of Title of any such Lands or Tenements, then and in such Ciise the said Eeclesia.stics of' the .Seminary of .Saint Sulpice of Montreal, and tlieir Successors, shall be entitled to Judgment for and to receive such P.irt only of the i'rice and Consideration f()r each and every Mutation in the Owner.'^hip of such Lands or Tenements as is herein provided according to the Value and Locality tin reof ; but the Amount ','^( which such Judgment shall be rendered shall be payable at the Time when it would have been payable if this Ordinance had not been p.a.ssed; provided howeviT, that any Judgment for any such Arrears which shall have been rentlercd before this Ordinance shall come into force, in favour of the said Eeclesia.stics of the .Seminary of .Saint Sulpice of Montreal, shall and may be executeil according to the Tenor thereof, as if this Ordinance had not been passed. , , , , ■ ■ Provideil always, and be it further ordaineil and enacted l)y the Aiitliority afbresaiil, Tiiat the total Amount to be received by the saiil Ecclesiastics of the Seminary of Mt)ntre:d to their Use for the Purposes herein s])eci(ied, as and for Arrears of Lods et Ventes due before the passing of this Ordinance, shall in no Clase exceed the Sum of Forty-four thou.saiul Poun.ls Currency on Heal Proi)erty lying within the Fief and Seigniory of the I.sland of .Montreal, nor the Sum of^ Twelve thousand seven hundred Poiuids Currency on Ileal Projierty lying wiliiiu the said Fiefs ami Seigniories of the Lake of the Two Monnta"iiis and of .Saint Suljjice ; and any Monies received by the said Cor- noralion fui any such Lods ct Vente., .wr and above the said Sums respectivelv •J shall AND SPECIAL COUNCIL OF LOWER CANADA. 157 Nn. 161. Incorpurating the shall be so received for Her Majesty, Her Heirs and Successors, for the public I'sesof the Province, and shall be paid over by the said Corporation to |„g,„j,„„ti„j ^j,. the Receiver General, and await in his Hands the Disposal of the Legislative Eoele»i«tic« of Authority of the Province. "^t- Sulpicf, c.m- And be it further ordained and enacted by the Autiiority aforesaid. That the hruin.mheirlule Lot, Piece, or Parcel of Land called the Farm of Saint Oabriel, situated within "h^i-ui'Iclion of the said Fief and Seigniory of the Island of Montreal, lyin^on the West Side of the .st^,,ioriii Right* Lower Road to Lachine, containing about Two lunidred and seventy Arpents, therein. being one of the Domain Lands, Farms, Tenements, and Hereditaments secured and confirmed to the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, and their Successors, by the Second Section of this Ordinance, shall, within the Space of Twenty Years after the passing of this Ordinance, be by the said Ecclesia.slics alienated and disposed of by public Sales, afU-r advertising the same for One Month in Two of the jiublic Newspajjers published in the said City of Montreal, in Franc Aleii Roturierfor ever, in siicii Parts ami Parcels, and for sucli Prices, Terms, and Considerations, as to them may seem most meet and advantageous ; ami, for the making of any such Alienations and Conveyances, the said Ecclesia.stics of the Seminary of Saint Sulpice of Montreal, and their Successors, are hereby fiillv and duly licensed and autiiorized ; and if at the Expiration of the .said' Twenty Years" the said Farm of St. Ciabricl, or any Parts or Parcels thereof, shall yet remain not alienated or disposed of, then and in that Case the said Farm of St. (Jabriel, or such Parts or Parcels thereof as shall so remain not alienated or disposed of ;is aforesaid, shall, by the mere Lapse of the said Period of Time, and by Operation of Law, fall within the Provisions of the Laws of Mortmain, and be forfeited to and be vested in Her Majesty, Her Heirs and Successors, and be re-unite 1 to the Domain of the Crown for ever. .'\nd be it further ordained and enacted by the Authority aforesaid, Ihat all and every tlie Monies which may ;ui>e from the Comnuitatiou, Release, and Extin^'iiishment of the Seiiinioriaf Higlits mid Burdens for and in respect of Lands. Tenements, and' i'lojiertv within llie Censive of the .said Three Fiefs and Seignories, and wiiich may by the Provisions and for the Piirposes of this Ordinance be the Property of the said Crpoiation, and all Monies which siiall be received and gotten in by reason of the Sale, Alienation, or Disposal of the said Farm of Saint (Jabriel. or of any Parts or larcels thereot, and which Monies as aforesaid may be disposable, after the necessary Lx- peiidituie fin- the Uses ami Support of the said Institution shall have been provided for, shall, bv the said Ecclesiastics of the Seminary o Saint Sulpice of Mmitreal, or their Successors, be invested in the public Stocks or Securities of the United Kingdom of Oreat Ibitain aiul Ireland, or of its C olonies or Dominions, and not otherwise; and that the Rents, Revenues, Dividends, am Profits of the Monies so invested shall he had, taken, and receive, by the said Ecclesiastics of the Seminary of Saint Sidpiee of Montreal, and their Sue- cessors. to be expended in and al.oiit the Support and Management of the sai. Institution, ami in prmnoting its Ol.jeets, according to the Provisions and Reiuiirement of this Ordinance : Provided always, that out of the said Monies which sliall so arise, or shall he as aforesaid received and gotten m and collected, it shall and mav he lawful li.r the .said Ecclesiastics of the Seminary of Saint Siilnice of Mon'l real, and their Successors, to apply and mve.t a Sum or Sums of Klonev. ui the whole not exceeding the Sum of hirty tliousaiid 1 ounds Currencv', in Cimstitutions de Rentes on immoveat.le Property, or in tlie 1 ur- chase ofM louses. Lands, and leiiements. and immoveahle I roperty, situatw within this Province, in order to create and produce Income to the saul Ecclesia>tics of the Seiniiurv of Saint Sulpice of Montreal and their Successors : Provided always, that in addition to and over ind above such Real roperty protluriim- Income, wliicl. the said Corporation are hereby authorizeJ to pm- chase and hold to the Value of Tlinty thousand Pound, a,, afoie.a.d, . nd no more, they may likewise piurhase ami hold any other Re.! .'roperty. II u.ses. l" . I. in.'s: o,- •l\.|ieineiits, destined for and appropriated to Purposes of Rehgion, CharitvrorKducition, and producing no Income which may be n.ces.ary to accmni.hsh the Purposes and (M.jects of this said ( orporatiou, as llu- same aic hereiii-heliiie deseiihed and defined. , . , • <- • i mm ,f ,i. . And he It further ordained and enacted by the Authority atovesaid, I hat the HaidEccLiast.cs of the Seminary of Saint Sulpice of Montreal shall, wheneve (4., ^ '^ '"'^' Nil. I(i4. liicor|Hiraiin|; tliv Kcclesiiistics of S|. Siilpice, coii- iirming tlieir Title! nnd providiii); for ilie Kxliiictioii of Si'igniorml Uiglits tlu'rein. 138 ORDINANCES PASSED BY THE GOVERNOR and so often as they mav be thereunto required by the (Jovernor, Lieutenant: (lovernor, or Person lufniinistcring tlie Government of tliis Province for the Time being, lay before him, or before such Officer or Officers as lie shall !ii)point, a lull, clear, and detailed Statement of the Estate, Property, Income, Debts, and Expenditure, and of all the pecuniary and temjjoral Afiliirs of tiie said Corporation, in such Manner and Form, and with such Attestation of Correctness, as the Gt)vernor, Lieutenant Governor, or Person administering the Government shall direct. And be it further ordained and enacted by the Authority aforesaid. That the said Ecclesiastics of the Seminary of Saint Sulpice of Montreal, and their Sue cessors, as lo temporal Matters, shall continue and be subject to the same Powers of Visitation as in the like Cases were possessed and exercised by the Kings of France before the Conquest of this Province, and are now possessed and exercised in that Uehalf by Her Majesty in right of Her Crown. And be it further ordained and enacted by the Authority atbresaid, That nothing in this jjresent Ordinance contained shall extend or be construed to extend to destroy, diminish, or in any Manner to affect the Rights and Privi- leges of Her Majesty, Her Heirs and Successors, or of any Person or Persons, Society, or Corporate Body, excepting such only as this Ordinance may expressly and especially destroy, diminish or affect. And be it further ordained and enacted by the Authority aforesaid, That this Ordinance shall be taken and deemed to be a Public Act and Ordinance, and as such shall be judicially taken notice of by all Judges, Justices of the Peace, and all others w'hom it shall concern, without being specially pleaded. And be it further ordained and enacted by the Authority aforesaid. That this Ordinance shall be and is hereby made i)ermauent, and shall remain in force until repealed or altered by competent Authority. (Signed) C. Poui.ett Thomson. Ordained and enacteyMi-iii (it t(') the l)i>i M. I'nnci- the I'olice Iricl of (Copy.) No. 129. An Ordinance to e.itend the Pnwisions of the Ordinance for estnltli.shinf<; an f'Jficient Si/sh-m of Polin- i,i flic Citic.t "« l'rovin«. c<^tU»ted ^ ^'^Jj ^inX'S K .....JT^ tlie Authority of an Act ot the » ''"'•"?^'-"V".,. -■ .1,,. n^.\„^^ (,f Her present system ..t Police ^ti> ana Ireland, passed m ^^ ^; ^.^l.^o^^iJ^; L the Government w. .J. D..n« o, Majesty, intituled " An Act to •"^';^ f^3\' [,>,er the Authority of .1 certmn >>'. Iruuu^ of Lower Canada." and also »'y 7\";j'i,"e Session held in the Secon.l ,tuer Act of the same \*^'!'^"'';'"\;f ;;,",! Majesty, intituled " An Act to and Third Years ot ^1'- ^e.g H u '.Xnent ' for^nakiuK tempor: y Pro- „„cnd an Act ..i the last ^f^'"^ '^ ^ Jj , ;• ,,,,1 it is herehy oidmned and vision lortheCiovennnent «!* ^om ^^^^^^^^^^^^^^^^^ I'arlimnent, That the Ordinance enacted hy the Authority ot the sau Acts o . ;^,^,tn\cA " An nade and passed in the Second \e o M.jc y^ . ^ ^^^^ ^^^^ „,• ^^ ^^^c Ordinance for esUd, is nng »^^' '^ '.^ ''^.;>,7;^ to the District of Saint • rancis „Hl Montreal," shall »-■ /"^l I.V'. Wnuf I'erson administering the Govern- thereof. (Signed) C. Pollett Thomson. mV-iit \l«»"! i'l •''^'■;'J,,°'■ '^isrcreic-n LaJy Virtovi,., by, !;,.|,e-llmdVca;« •!- 'S^ "«'""""'"^"'t,-:'Lc,w»y»co,„»,.a. 1 lieic ]W- I „ .,„.. Coiw of nn Orilinance ..„,a by the Governor "7^^' [^"^'I'^'i,,, Council lor the Affans ol !vitl> the A.lvicenna C";'-;;' ' J"- ^ ';^;,',. J,, One ihousana c.ght ,|,e saia Province, on tl.c « «S" y^-^^^,. „i Her Majesty's Ucgn. ,,„„areU ana forty, ana u. th lh> a ^^ (b.gnca) ^'-'(^^i^^jii^ycial Council. (*•) Ul X r m: ■