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The followinsT provisions of this act respecting the legislature* of '^ ^ . . provisions res- parliament of Canada, namelv, — the provisions relating to pt-cting money ' . voles, &o. appropriation and tax bills, the recommendation of money votes, the assent to bills, the disallowance of acts, and the signification of pleasure on bills reserved, — shall extend and apply to the legislatures of the several provinces as if those provisions were hero-re-enacted and made applicable ill terms to the respective provinces and the legislatures thereof, with the substitution of the lieuteaant-governor of the province for the governor-general, of the governor- o ;, ral for the queen .and for a secretary of state, of one year for two years, and of the province for Canada, THE BRITISH NORTH AMERICA ACT e> OJ- In each province the legislature may exclusively Suw«., of.,. make laws in relation to matters coming within the classes cu."r.i',r- a subjects next hereinafter enumerated, this is to say,- "°"- 1. The amendment from time to time, notwithstanding any^iiing in this act, of the constitution of the province, except as regards the office of lieutenant-governor. 2. Direct taxation within the province in order to the raising of a revenue for provincial purposes. 3. The borrowing of money on the sole credit of the pro- vince. 4. The establishment and tenure of provincial offices and the appointment and payment of provincial officers. 5. The management and sale of the public lands belong- ing to the province and of the timber and wood thereon. 6. The establishment, maintenance, and management of public and reformatory prisons in and for the province. 7. The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary insti- tutions in and for the province, other than marine hospitals. 8. Municipal institutions in the province. 9. Shop, saloon, tavern, auctioneer, and other licenses in order to the raising of a revenue for provincial, local, or municipal purposes. 10. Local works and undertakings other than such as are ol the following classes,— a. Lines of steam cr other ships, railways, canals, tele- graphs, and other works and undertakings connecting the province with any other or others of the provin- ces, or extending beyond the limits of the province : b. Lines of steamships between the province and any British or foreign country : c. Such works as, although wholly situate within the province, are before or after their execution declared f Iv .9 .1 P 1 W Li 6 Property in landi, mines, Sio. Assets oon- neoted with provincial debts. '"■nnada to be liable for pro- vinoial debti. Debts of Onta- rio and Que- bec. THE HRITISH NOnTH AMEniCA ACT by the parliameut of Canada to be for the general advantage of Canada or for the advantage of two or more of the provinces. 11. The incorporation of companies v^ith provincial objects. 12. The solemnization of marriage in the province. 18. Property and civil rights in the province. 14. The administration of justice in the province, includ- ing the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts. 15. The imposition of punishment by fine, penalty, or imprisonment for enforcing any lavsr of the province made in relation to any matter coming v(?ithin any of the classes of subjects enumerated in this section. 16. Generally all matters of a merely local or private nature in the province. 109. All lands, mines, minerals, and royalties^ belonging to the several provinces of Canada, Nova Scotia, and New Brunswick at the union, and all sums then due or payable for such lands, mines, minerals, or royalties, shall belong to the several provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the province in the same. 110. All assets connected with such portions of the public debt of each province as are assumed by that pro- vince shall belong to that province, i 111. Canada shall he liable for the debts and liabilities of each province existing at the union. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the province of Canada exceeds at the union sixty-two million THE BRITISH NORTH AMERICA ACT. five hundred thousand dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 113. The assets enumerated in the fourth schedule to Ai..u of ' ' Ontuio and this act belonging at the union to the province of Canada Q«bJ2 shall be the property of Ontario and Quebec, conjointly. p. 4 < ^ Lower-Canada. THE FOURTH SCHEDULE. Assets to be the Property/ of Ontario and Quebec cor^ointly. Upper Canada building fund. Lunatic Asylums. Normal School. Court Houses in Aylmer, Montreal, Kamouraska. Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec Fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education — East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. 117. The several provinces shalfretain all their respec- Prorinoi.i tive public property not otherwise disposed of in this act, f eiy." •"*" % af I II f THK BBITI8H NORTH AMERICA ACT. Bubjeot to the right of Canada to assume any lands or public property required for fortiBcations or for the de- fence of the country. rS.'* •'"' 'l^- The following sums shall be paid yearly by Canada to the several provinces for the support of their govern- ments and legislatures : Dollars, ^»*»"o Eighty thousand. Q»«^ec Seventy thousand. Nova Scotia Sixty thousand. New Brunswick Fifty thousand. Two hundred and sixty thousand ; And an annual grant in aid of each province shall b*, made equal to eighty cents per head of the population as ascer- tained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Bruns- wick, by each subsequent decennial census until the popula- tion of each of those two provincns amounts to four hundred thousand souls, at which rate such grant shall thereafter remain. Such grants shall be in full settlement of all future demands on Canada, and shall be paid half yearly in advance to each province; but the government of Canada shall deduct from such grants, as against any pro- vince, all sums chargeable as interest on the public debt of that province, in excess of the several amounts stipulated in this act. JubiTriinV' '^- ^° ^^°^' °'' property belonging to Canada or any *«• province shall be liable to taxation. SiiSed '^®- Such portions of the duties and revenues over r.v««,fa»d. which the respective legislatures of Canada, Nova Scotia, and New Brunswick had before the union, power of appro- priation, as are by this act reserved to the respective governments or legislatures of the provinces, and all duties : ; ) "t i i THB BRITISH NORTH AMERICA ACT. | and revenues raised by them in &. c dance with the special powers conferred upon them by this act, shall in each province form one consolidated revenue fund to be appropriated for the public service of the province. 134. Until the legislature of Ontario or of Quebec other- Appoi.i«,„» wise provides, the lieutenant-governors of Ontario and offl^Jrfor'o'n- Quebec may each appoint under the great seal of the pro-ff""*"*"*" vince the following officers, to hold office during pleasure, that is to say,— the attorney-general, the secretary and registrar of the province, the treasurer of the province, the commissioner of crown lands, and the commissioner of agriculture and public works, and, in the case of Quebec the solicitor-general ; and moy. by order of vhe 'ieuten f 1873. 12 r'l h f AWABD OF' ARBITRATORS. AWARD OF ARBITRATORS. To all to whom these Presents shall come : The Honorable John Hamilton Gray, of the City of St. John, in the Province of New Brunswick, and the Honorable David Lewis Macphkrscn, of the City of Toronto, in the Province of Ontario ; Send Greeting : Vy HEREAS, by the British North America Act, 1867, it is enacted that the division and adjustment of the debts, credits, liabilities, properties, and assets of Upper Canada and Lower Canada shall be referred to the arbitra- ment of three Arbitrators, one chosen by the Government of Ontario, one by the Government of Quebec, and one by the Government of Canada ; And whereas, the said John Hamilton Gray was duly ciiosen under and in accordance with the provisions of the said Act as Arbitrator, by the Government of Canada, the said David Lewis Macpherson, by the Government of Ontario, and the Honorable Charles Dewey Day, of Glen- brooke, in the said Province of Quebec, by the Government of Quebec ; Now therefore, the said Arbitrators having taken upon themselves the burthen of the said Arbitration, the said John Hamilton Gray and David Lewis Macpherson, being a majority of the said Arbitrators, Do Hereby award, order and adjudge of and upon the premises, as follows, that is to say : I. That the amount 1/ which the debt of the late Pro- vince of Canada, exceeded, on the 30th day of June, one thousand eight hundred and sixty-seven, sixty-two millions five hundred thousand dollars, shall be and is hereby dinded between and apportioned to, and shall be borne by the said Provinces of Ontario and Quebec respectively, in the following proportions, that is to say : the said Pro- AWARD OF ARBITRATORS. rince of Ontario shall assume and pay such a proportion of the said amount as the sum of nine millions eight hun* dred and eight thousand seven hundred and twenty-eight dollars and two cents bears to the sum of eighteen millions five hundred and eighty-seven th9usand five hundred and twenty dollars and fifty-seven cents. And the said Pro- vince of Quebec shall assume and pay such a proportion of the said amount as the sum of eight millions seven hun- dred and seventy eight thousand seven hundred and ninety-two dollars and fifty-five cents bears to the sum of eighteen millions five hundred and eighty-seven thousand five hundred and .twenty dollars and fifty-seven cents. a. That the assets hereinafter in this clause enumerated shall be, and the same are hereby declared to be, the pro- perty of and belong to the Province of Ontario, namely : 1. Debt from the Upper Canada Building Fund to the late Province of Canada (enumerated in the fourth Schedule to the said British North America Act, 1867, as Upper Canada Building Fund, Lunatic Asylums, Normal School.) Lunatic Asylums po 800 ^o Normal School g 000 00 $36,800 00 2. Debt from the Law Society, Upper Canada to the late Province of Canada $166 016 61 8. Debts to the late Province of Canada under the Consolidated Municipal Loan Fund of Upper Canada 6,792,136 89 4. Debt from the Agricultural Society, Upper Canada, to the late Province of Canada... 4,000 00 6. Debt from the University Permanent Fund to the late Province of Canada j 220 63 ,^^^.^ «.oicii*oitci ia j-iiis Clause enumerated 13 K'^d '^l 'it vf ■•|i 1« AWARD OF ARBITRATORS. shall be and the sar« - are hereby declared to be the pro- perty of and belong to the Province of Quebec, namely : 1. The debt from the Aylmer Court House to the late Province of Canada for six per cent, provincial debentures issued on account of the said Court House, and assumed by the Dominion of Canada, and charged in the debt of the late Pro- vince of Canada And for certain charges paid by the said late Province of Canada in respect of the said Court House 2,000 00 2. Debt from the Montreal Court House to the late Province of Canada for six per cent, Provincial Debentures issued on , account of the said Court House, and assumed by the Dominion of Canada, and charged in the debt of the late Province of Canada For advances made to the said Court House by the said late Province of Canada 8. Debt from the Kamouraska Court House to the late Province of Canada for balance of certain charges in respect of the said Court House, paid by the late Province of Canada 4. Debt from the R^yal Institution, otherwise McGill College, to the late Province of Canada of the balance of a loan made by the &aid late Province to that institution. 6. Debt under the Consolidated Municinal 1,289 70 $8,239 70 96,600 00 $98,839 70 18,996 21 $114,696 21 201 27 7,790 00 IN * AWARD OF ARBITRATORS. Loan Fund of Lower Canada to the late Province of Canada 2,939 429 97 6. Advances made in excess of the Legislative School Grant (described in the fourth schedule to the said British North Ame- rica Act, 1867, as " Lower Canada Le- gislative Grant ") 28,494 78 7. Debt to the late Province of Canada under the Quebec Fire Loan. 264,254 65 8. Debt to the late Province of Canada for advances made to or on account of cer- tain municipalities in the county ot Te- miscouata, (described in the said fourth schedule as " Temiscouata Advance Ac- °°«"*") 8,000 00 9. Debt from the Education Office in Lower Canada to the late Province of Canada, for the balance unpaid of a defalcation in in the said office to the said late Pro- vince, (described in the said fourth sec- tion as " Education East.") £90 10 10. Debt from the Building and Jury Fund Lower Canada, to the late Province of Canada, for loans and advances made to to it by the said late Province of Canada 116,475 51 11. Debt from the Municipalities Fund of Lower Canada to the late Province of Ca- nada, for advances made to, or on credit of that Fund (described in the said fourth schedule as '« Municipalities Fund.") 484,244 83 12. Debt from the Lower Canada Superior Education Income Fund to the late Pro- vince of Canada, for advances made from time to time bythe said late Province. 234,281 46 13. Montreal Turnnik-P TriiR* ■.or^n.^-^ ^^ 15 h ' I 4 ■ ur >4 ft! J" ifll 11 i 'i 1ft AWARD OF ARBITRaTOHS. 4. And as to the said Montreal Turnpike Trust the said Arbitrators further find, award and adjudge as follows : Whereas the said sum of one hundred and eighty-eight thousand dollars is secured by Debentures issued upon the credit of the said Trust and guaranteed by the late Province of Canada, and the said Trust has hitherto met the payments upon such Debentures and the payment thereof has therefore not been assumed by the Dominion of Canada nor has the said sum of one hundred and eighty- eight thousand dollars been charged by the said Dominion In the debt of the late Province of Canatla, which charge, if made, would increase by one bundled and eighty-eight thousand dollars the excbss of the said debt on the thirtieth day of June, one thousand eight hundred and sixty-seven above sixty-two millions five hundred thousand dollars. Now, therefore, the said Arbitrators having assigned the said Trust as an Asset to the said Province of Quebec do hereby adjudge and award, that the said Province af Que- bec shall hereafter indemnify, pratect and save harmless the said Dominion and the said Province of Ontario against any charge upon or payment by the said Dominion in respect of the said Debentures or the said guarantee, or in respect in any other way of the said Trust. 3. That the following Special or Trust Funds and the moneys thereby payable including the several investments in respect of the same or of them, are, shall be, and the same are hereby declared to be the property of and belong to the Province of Ontario, namely : 1 Upper Canada Grammar School. 2. Ppper Canada Building Fund. 3. Upper Canada Municipalities Fund. 4. Widow's Pensions and uncommuted Stipends, Upper Canada, subject to the payment of all legal charges thereon. 6. Upper Canada Grammar School Income Fund. Ill it the said i follows : fhty-eight ued upon jT the late lierto met payment Dominion id eighty- Dominion h charge, hty-eight I thirtieth Kty-seven iollars. gned the uebec do e of Que- harmless o against union in tee, or in and the estments and the i belong 3, Upper charges d. AWARD OF ARBITBATORS. 6. Upper Canada Improvement Fund. 7. Balance of Special Appropriations in Upper Canada. * 8. Survejsorderedin Upper Canada before 80th June, 1867. 9. Amount paid and payable by Upper Canada to the Canada Land and Emigration Company. «. That the following Special or Trust Funds and the moneys thereby payable, including the several investments in respect of the same or any of them, are, shall be, and the same are hereby declared to be, the property of and belong to the Province of Quebec, for the purposes for which they were established namely : 1. Lower Canada Superior Education Fund. 2. Lower Canada Superannuated Teacher's Fund. 3. Lower Canada Normal School Building Fund. 4. Widows' Pensions, and uncommuted stipends Lower Canada, subject to all legal charges thereon. 5. Balance of Special Appropriations in Lov.'er Canada. 6. Surveys ordered in Lower Canada before 30th June, 1867. 7. That from the Common School Fund as held on the thirtieth day of June, one thousand eight hundred and sixty-seven, by the Pominion of Canada, amounting to one million, seven hundred and thirty^three thousand, two hundred and twenty Jour dollars and forty-seven cents, of which fiity-oight thousand dollars is invested in the Bonds or Debentures of the Quebec Turnpike Trust, (the said sum of fifty-eight thousand dollars being an asset mentioned in the said fourth schedule of the British North America Act, 1867, as the Quebec Turnpike Trust) the sum of one hundred and twenty-four thousand six hundred and eighty-five dollars and eighteen cents shall be and the same is hereby taken and deducted and placed to the credit of the Upper Canada Improvement Fund, the said sum of one hundred and twenty-four thousand six 1? V4 -r 1^1 % •W '!, ■tit ' r > S '' jp ■ i 18 AWARD OF AHBITRATOHSv hundred and eighty-five dollars and eigBteen cents, being- ^pne-fonrth part of moneys received by the late Province of Canada betvireen the sixth day of March one thousand eight hundred and sixty-one and the first day of July one thousand eight hundred and sixty-seven on account of Common School lands sold between the fourteenth day of June one thousand eight hundred and fifty-three, and the said sixth day of March one thousand eight hundred and sixty- one. 8. That the residue of the said Common School Fund, with the investments belonging thereto as aforesaid, shall continue to be held by the Dominion of Canada, and the income realized therefrom from the thirtieth day of June, one thousand eight hundred and sixty -seven, and which shall be hereafter realized therefrom shall be apportioned between and paid over to the respective Provinces of Ontario and Quebec as is directed by the fifth section of chapter twenty-six of the Consolidated Statutes of Canada with regard to the sum of two hundred thousand dollars in the said section mentioned. 9. That the moneys received by the said Province of Ontario since the thirtieth day of June, one thousand eight hundred and sixty-seven, or, which shall hereafter be re- ceived by the said Province from or on account of the Common School Lands set apart in aid of the Common Schools of the late Province of Canada shall be paid to the Dominion of Canada, to be invested as provided by section three of said chapter twenty-six of the Consolidated Statutes of Canada. And the income derived therefrom shall be divided, apportioned and paid between and to the said Provinces of Ontario and Quebec respectively, as pro- vided in the said fifth section of chapter twenty-six of the Consolidated Statutes of Canada, with regard to the sum of two hundred thousand dollars in the said section men- AWARD OF ARBITRATOnS. 10. That the Province of Ontario shall be entitled to retain out of such moneys six per cent, for the sale and management of the said lands, and that one-fourth of the proceeds of the said lands sold between the fourteenth day of June, one thousand eight hundred and fifty-three andthe said sixth day of March, one thousand eighthundred and sixty-one, received since the thirtieth day of June one thousand eight hundred and sixty-seven, or which may hereafter be received, after deductipg the expenses of such management as aforesaid, shall be taken and re- tained by the said Province of Ontario for the Upper Canada Improvement Fund. II. The Crown Land Suspense Account, amounting to one hundred and twelve thousand seven hundred and forty-eight dollars and sixty-three cents, and the Crown Lands Department Account, amounting to two hundred and three thousand and eighty-nine dollars and seventy-six cents, being the items so described in the Public Accounts of the late Province of Canada having been omitted respectively from tfie statement of the debt of the said Province in such accounts, and from the assets in the fourth schedule to the British .North America Act, 1867 ; the said Arbitrators award and adjudge that the said Province of Ontario shall satisfy all cle^ms, and receive all moneys, in respect of the said Crown Lands Suspense Account, and the said Crown Lands Department connected with or arising from lands situated in the said Province of Ontario. And that the said Province of Quebec shall satisfy all claims, and receive all moneys, in respect of the sa;d Crown Lands Suspense Account, and the said Crown Lands Department, connected with or arising from lands situate in the said Province of Quebec. 13. As to the Montreal Harbour, the said Arbitrators find that the debt due on acrmmf nf f^r.^ v,«,,j-^j — ^ 19 i'- ■■•i r 1^- -I'l 20 I f AWARD OF ARBITRATORS. eighty-one thousand four hundred and twenty-five dollars and twenty-seven cents, secured by debentures issued by the Montreal Harbour Oommissioners, has not been charged in the statement of the debt of the late Province of Canada. And they award and adjud;^e that, should the Dominion of Canada hereafter pay anything, by reason of the liability of the said Dominion on account of the said debentures, the said two Provinces shall repay to the said Dominion any sums so paid, in the same proportion respectively, as the said Provinces are hereinbefore directed to bear, and pay the excess, on the thirtieth day of June, one thousand eight hundred and sixty-seven, above sixty-two millions five hundred thousand dollars of the debt of the late Province of Canada. 18. That all the lands in either of the said Provinces of Ontario and Quebec, respectively, surrendered by the Indians in consideration of annuities to them granted, which said annuities are included in the debt of- the late Province of Canada, shall be the absolute property of the Province in which the said lands are sitAate, free from any further claim upon or charge to the said Provinces in which they are so situate, by the other of the said Pro- vinces. 14. As to all the personal property, being the joint pio- perty of the said Provinces of. Ontario and Quebec, not hereinbefore specially mentioned or dealt with, and not appropriated by the said British North America Act, 1867, including the Library of Parliament at Ottav/a, the Arbitrators find Ihat it is not expedient to divide the said properties, or to divert them from the public purposes for which they are used and required by the Dominion of Canada. They therefore find and award that the value of the said properties is and shall be taken to be two hun- dred thousand dollars, and that the Dominion of Canada AWARD OF AnniTRATOnS. may reUin and acquire the same properties on payment to the .ad Provinces of the said sum of two hundred thousand dollars in the same proportion as is mentioned in the f.rst paragraph hereof in respect of the excess of debt of the late Province of Canada on the thirtietjj day of June, one thousand eight hundred and sixty-seven above sixty-two millions five hundred thousand dollars " that is to say • " To Ontario the sum of one hundred and five thousand five hundred and forty-cne dollars, and to Quebec the sum of nmety.four thousand four hundred and fifty-nine dollars and upon such payment the Dominion of Canada shall' become the absolute owner of the said properties. But should the Dominion of Canada not so acquire the said properties within two years from the date of this award the Province of Quebec may acquire the said properties by the payment to the Province of Ontario, within two months from the expiration of the said two years, of the sum ofone hundred and five thousand and five hundred and forty-one dollars. And should tb Province of Quebec not so acquire the said properties with., tne time aforesaid the Province of Ontario shall within three months next thereafter pay to the Province of Quebec the sum of ninety. four thousand four hundred and fifty-nine dollars, and shall thereupon become the absolute owner of the said properties. IS. That the several sums awarded to be paid and the several matters and things awarded and directed to be done by or w'th regard to the parties to this reference respectively as aforesaid shall respectively be paid, receiv- ed, done, accepted and taken as and for full satisfaction and discharge and as a final end and determination of the several matters aforesaid. In witness whereof the said John Hamilton Gray and David Lewis MacPherson, two of the said Arbitrators have nereuntu set their hands this third day of September 21 it 4 r I Hi , , 22 JTJOOBMBNT OF PRIVY COUNCIL. in the year of Our Lord, one thousand eight hundred and seventy. J. H. GRAY, D. L. MACPHERSON. Signed and'puWished the third day of September, 1870, in presence of Christopher Robinson of the City of Toronto, Barrister at law. Fred Finch ^ of the City of Toronto, ;> Law-Stationer. ) JUDGMENT OF THR PRIVY COUNCIL. At the Court at Vindsor, the 26th day of March, 1878. Present : — The Queen's most Excellent Majesty. Lord President Lord Privy Seal Duke of Devonshire Lord Chamberlain Earl of Derby Mr. Watson. M-I WHEREAS there was this day read at the Board a Report from the Judicial Committee of the Privy Council dated the 11th of March, 1878, in the words following, viz : " YOUR MAJESTY having been pleased by Your Order in Council of the 22nd December, 1877, to refer unto this Committee a matter or special case concerning the validity of an 'award made or purporting to have been made in an arbitration between the Province of Ontario and the Province of Quebec, in the Dominion of Canada, under th/ I^jitish North America Act, 1867, for hearing and coni^'i-^fanoti and to order this Committee in o/j-irjge Your Ms Bst''''' ou certain facts and 'Questions as njDOMBNT Of PniVY COUNCIL. etated in the said special case as agreed upon by the Oovernments of the two Provinces which hm been transmitted by the Governor General of Canada in Council to Your Maje8t>'8 Secretary of State for the Colonies in €he words following, viz :— " 1. Whether under the circumstances stated in the said special case the said John Hamilton Gray » had become disqualified to act or conlinue act- ing ".8 arbitrator ? " 2. Whether af^er a hearing before the three arbitra- tors two of them could legally render a deci- sion or award, and if yea, could they do so iu the absence of the third ? " 3. Whether after the subsequent ex parte hearing before two arbitrators in the absence of the third, these two could legally render a decision ? " 4. Whether the arbitrator appointed by Quebec had the right to resign, whether the Government of Quebec had the right to accept his resignation and to revoke his appointment, and whether such resignation or revocation was effectual and valid ? "' 5. Whether after one of the arbitrators had so resigned his office and his resignation had been 80 accepted and hig authority had been so revoked the remaining two could legally proceed to hear the case and to make a final award ? "" 6. Whether the award of the 3rd of September, 1870, by the said Honorable David Lewis Macpher- son and John Hamilton Gray, in the said special case mentioned, is valid (save as affected by the Dominion Act therein set forth) or is null and void ? 23 "4 ^^ fff Sill ^ i eti 24 JUDGMENT OP PIVIVY COUNGIL. i- i^'ms'i |i li\ n ■ « THE LORDS OF THE COMMITTEE in obedience to Your Majesty's said Order of Reference have taken the said special case into consideration and having heard Counsel for the Province of Ontario, and likewise for the Province of Quebec, their ^ordships do this day agree humbly to advise Your Majesty that under the circum- stances stated in the special case (to which circumstances all their answers must be taken to refer) : " 1. John Hamilton Gray had not become disqualified to act as arbitrator. " 2. That after a hearing before the three arbitrators, two of them could lef»ally render a decision or award and could do so in the absence of the third absenting himself under the circumstances- stated. " 3. That after the subsequent ex parte hearing before two arbitrators in the absence of the third then two could legally render a decision. " 4. That the arbitrator appointed by Quebec had not the right to resign and the Government of Que- bec had not the right to accept his resignation and to revoke his appointment and such resig- nation and revocation were not effectual and valid. " 5. That after one of the arbitrators had so affected to resign his office and his resignation had been so accepted and his authority had been so affected to be revoked the remaining two could legally proceed to hear the case and to make a final award. •' 6. That so far as regards any objection made to the award in the special case the award of the 3rd of September 1870 is valid ^save as affected b7 the Dominion Act therein sec forth). " ^.'-'i PUBLIC SCHOOL LANDS AND FUND FOR EDUCATION. HER MAJESTY having taken the said Report into consideration was pleased by and with the advice of Her Privy Council t^ approve thereof and to order as it is hereby ordered that the said recommendations and advice of the Lords of the Judicial Committee of the Privy Council be adopted and that the same be punctually observed, obeyed and carried into execution as the decision of Her Majesty upon this special case. Whereof the Governor-General of the Dominion of Canada, the Lieute- nant-Governor or Commaudant-in-Chief of the same for the time being and all other persons whom it may concern are to take notice and govern themselves accordingly. 0. L. PEEL. 25 CONSOLIDATED STATUTES OF CANADA. CHAPTER 26. An Act respecting the Public School Lands and Fund for Education. TT ER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. The Commissioner of Crown Lands, having, under Approprutio* the provisions of the Act 12 V. c. 200, and under the di- fcrrrrS- rection of the Governor in Council, set apart and appro- w'*"**' priated one million of Acres of Public Lands for Common School purposes, and portions thereof having been dis- posed of under the said authority, the remainder shall be disposed of by the Commissioner, on such terms and con- ditions as may by the Governor in Council be approved, and the money arising from the sale or disposal of any portion of the said lands shall remain or be invested and apphed towards creating a capital sum sufficient at the rate of sis per cent per annum interest to produce a clear •£ K > Jt.' Hi 16 PUBLIC SCHOOL LANDS AND FUND FOR EDUCATION. Certkin okar gea to b« flrit paid. 8um of four hundred thousand dollars per annum, and such capital and the income therefrom shall form the Common School Fund : But before any appropriation of the moneys arising from the sale of such Lands shall be made, all charges thereon for the management or sale thereof, and all Indian annuities charged upon such lands or moneys, shall be first paid. S'from 'the *' ^^^ Moweys arising after the twenty-seventh day of Ai.!?o fom' ^^y' °^® thousand eight hundred and fifty, from the sale &°on"** °^ ^^y P"^l^° ^»^^s °^ t^e Province, shall remain or be School Fund, set apart as part of the capital of the said Common School Fund until the same is sufficient at the rate aforesaid to produce the said sum of four hundred thousand dollars per annum. Tht eaid Fund to be inyeated in Provincial Debentures, Jco., for the purpoiie ef creating an annual in- •OlM. Vofld and in- come not to be alienated for any other pur- poi*. 3. For the purpose of creating such Annual Income, the Capital of the said Fund shall from time to time remain or be invested in the Public Debentures of this Province, or in the Debentures of any Public Company or Companies in the Province, incorporated by Act of the Legislature for the construction of works of a public nature, and which having subscribed their whole Capital Stock, have paid up one half of such Stock and completed one half of such Work or Works ; 2. And the said Fund and the Income thereof shall not be alienated for any other purpose whatever, but shall remain a perpetual Fund for the support of Common Schools, and the establishment of Township and Parish Libraries. Orant in aid of the laid Fund. 4. For the establishment, support and maintenance of Common Schools in this Province, until the said Common School Fund produces a net yearly income of two hundred thousand dollars or upwards, there shall be granted to Her Majesty, yearly, the sum ot two hundred thousand dollars, and such sum shall be composed and made un of PUBLIC SCHOOL LANDS AND FUND FOR EDUCATION. 27 the annual income and revenue derived from the perma> nent fund hereinbefore mentioned, and of such further sum as may be required to complete the same, out of any- unappropriated moneys raised and levied by the authority of the Legislature, for the public uses of this Province ; Annual Com- and the said annual grant shall constitute the Common Fund. School Fund. and L. 0. S. The said sum of two hundred thousand dollars annu-s««h grant to . be apportionad ally, shall, from year to year, be apportioned by order of between u. o. the Governor of this Province, in Council, between Upper and Lower Canada, in proportion to the relative numbers of the Population of the same, respectively, as such num- bers shall, from time lo time, be ascertained by the census next before taken in each of the said divisions, respective- ly. 6. So soon as a net Annual Income of two hundred CJ""' <»"* «' the ProTineikl thousand dollars shall be realised from the said Permanent Revenue to cease after » Fund, the said grant out of the Provincial Revenue shall ^wain time, cease, and in the mean time the interest arising from the said Permanent School Fund shall be annually paid over to the Receiver General, and applied towards the pay- ment Vf the yearly grant of two hundred thousand dollars » Grant to m»k» But if in any year after the said annual sum of two hund-hf any year.' red thousand dollars is taken off the Consolidated Revenue, the income arising from the said Perman ut Fund from any cause whatever falls short of the annual sum of two hundred thousand dollars, then the Receiver General of the Province shall pay out of the said Consolidated Reve. nue such sums of money as are from time to time required to make up the deficiency, but such sums shall be repaid out of any excess of the Income of the said Permanent School Fund in any year over the said sum of two hund- red thousand dollars per annum. 7. The Governor in Council may reserve out of the pro- -^- =«''^5= === *^ may bereiarr- ■-'.': -CI in' 5!' m ' ; I 28 EXECUTIVE COUNCIL. ^oour tj. eeeds of the Schol Lands in any County, a sum not exceed- forp°ubHc"i;. ^"^ one fourth of such proceeds, and out of the proceeds of Kr;- '""^Wropriated Crown Lands in any County a sum not exceeding one iifth th, .eof.-such sums to be funds for public improvements within the County and to be ex- pended under the direction of the Governor in Council; 2. The particulars of all svch sums, and of the expendi- AooonntR to be laid before _ ^^ '"'""•" r» /"--f *>" be laid before pLii™:; ;il„ ufel" j: ■!■ "^"-^"t. vviixuu lue ursi ten days of each Session ; and not exceeding six per cent ?SiT.rr^ *^" ^"^0^"* collected, including surveys, shall be charged for the sale and management of lands forming part of the One Million of Acres of Land set apart in the iiuron Tract for the Common School Fund. 46 VICTORIA H CHAPTER 2. An Act respecting the Executive Council. [Assented to 27th May, 1^82.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Composition of the Exeoutire ..^ . i.i»^vi vf* vyucuei; is Co«,i.. composed of such persons as the Lieutenant-Governor T^«r% ■TV* A» «,,^ _J._J*^ _. ' The Executive Council of the Province of Quebec is Ifnmber of •fQeeM and th«:r titles. from time to time, deems expedient to appoint. a. The Lieutenant-Governor may appoint under the great seal of the Province, from among the members of the Executive Council, the following officers, who remain in office during pleasure : the attorney-general, the provincial secretary and registrar, the provincial treasurer, the com- missioner of crown lands, the commissioner of agriculture and public works. anA +Vio /»/%»«w,;„«: ._ -i>_ -i — , — ^"iiiiiiioaiuiier oi railways. TREASURY DEPARTMENT AND THE PUBLIC REVENUE. 29 3. Of these officers, the person holding the recognized Their .a.a.^. position of first minister, receires an annual salary of five thousand dollars, and the others receive an annual salary of four thousand dollars, without prejudice to their indem- nity as members of the Legislative Councifor Legislative Assembly. 4. The powers, duties and functions of the officers. Their ..r.r.. forming part of the Executive Council, may, from time toST7u„Sn1 time, by order in council, be conferred, in whole or inf^TedtotC twVofficers"''*''^ *''"' °' otherwise, upon any other oUClZl S All contrary constitutional provisions are amended Contrary pro- m the sense of this act. and all statutory provisions, con- S""'"'""""** trary to this act are repealed «. This act shall come into force on the first day ofAot mforc. July. 1882. ^ 31 VICTORIA. CHAPTER 9. An Act respecting the Treasury Dopartment and the public revenue, expenditure and accounts. {Assenied to 24/A February, 1868.) JJER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : PRELIMIRARY-INTERPRETATION I. The words " public revenue » or " revenue » or " pub- i„terpretati„ iic money mean all revenue and public moneys arising fe^r.^'/C" trom any source whatcver.-whethor such revenue and rie?.?'- moneys belong to the Province, or are held by the Province, or collected or held by officers of the Province for or on account of or in trust for any other Province forming part :»■■ ml V.»rt %.- ■ ■ .>■■' % . i 80 TREASURY DEPARTMENT AND THE PUBLIC RENENUE. I \l IF' w 9^ of the Dominion, or for the Dominion, or for the Imperial Government, or for any other party. »nd" revenue 2, The word 8 " revenue officer " mean any person em- ployed in collecting, managing or accounting for revenue, or in carrying into effect any laws relating thereto, or in preventing the contravention of any such laws ; and, so far as regards accounting for and paying over such reve- nue, the said words include any person who, either before or since the Union, has received or been entrusted with any public money, whether such person was regularly employed for such purpose or not. Formation of 3. All revenue whatever, however arising or received, oonBolidated i • i i i • i rerenu* fund, ovcr which the legislature of this province has power of appropriation, shall form one coiisolidated revenue fund, to be appropriated for the public service of the Province. Fund to be 4. Such fjonsolidated revenue fund shall be permanently chargeable i ■ n With its own charged with all the costs, charges and expenses incident ezpensea sub- ject to audit, to the collection, management and receipt thereof ; such costs, charges and expenses being subject nevertheless to audit, and to Legislative review and vote. Consolidated 4a. The Consolidated revenue fund shall be also charged with loans and with all loaus and oth debts, heretofore contracted or vince. which shall be contracted, under any act whatsoever of this Legislature, by the Provincial Government, by means of the issue of Provincial debentures or otherwise, as also with the interest on such loans, debentures or debts, and with the various sinking funds established for their ex- tinction. Added by 40 Vict., cap. 6, sec. 1. Money Touste '^' '^^^ Legislative Assembly shall not adopt or pass me^ed by*""' ^^^ ^°*'®' ^^solution, addrcss or bill, for the appropriation QOTeraor."' ^^ ^^Y P^"** ^^ ^^^^ Consolidated revenue fund, or of any tax or impost, to any purpose which has not been first re- commended to the said Legislative Assembly, by message TREASURY DEPARTMENT AND THE PUBLIC REVENUE, 0| of the Lieutenant Governor during the Session in which such vote, resolution, address or bill is proposed. GENERAL COLLECTION AND MANAGEMENT OF THE : REVENUE. 6. The Lieutenant Governor in Council may from time Appointm..u to time determine what revenue officers it is necessary to oTfe "iSof- employ ; and may assign their names of office, and fix^""'' their salaries or pay, and appoint the times and manner in which the same shall be paid ; but no such officer shall receive a higher salary than is allowed in his case by any Act of the Legislature then in force ; nor shall any such salary be paid unless voted by the Legislature. 7. The salary or pay allowed to any such officer shall Salary to ex- be in lieu of all emoluments of any kind whatever, except etot^en?:?" actual and authorized disbursements, shares of seizures. 3^.""' forfeitures and penalties ; and no such officer employed on the staff of any public department, or receiving a sa- lary at or exceeding the rate of one thousand dollars per annum, shall ext . -se any other employment whatever, with a view to nve profit therefrom, directly or indi- rectly, or shall hold any other office of profit whatever, unless it be with the express permission of the Lieutenant Governor in Council. 8. No revenue officer shall be compelled to serve in ««„„„«•«. any other public office, or in any muncipal or local office fZ "3 or on any jury or inquest, or in the militia. aerrioM. 9. Every revenue officer shall, at his admission to office, oath to be take the following oath, before such person aa the Lieu-' ' " " tenant Governor may appoint to receive the same, that is to say ; " I, A. B., do swear that I will be faithful in the execu- tion of the trust committed to my charge by my appoint. Briflnf OB J ii ■ X .11 , ■ . """ inac 1 wia not ask or receive taken by them. 4; . ,; ■; (-1 'I I 1 4; f!» : i' '' r^ ^¥i H "■i" t" i > -., 1 -.1 ! i'l fd i ?!! '.f; >M f*-' jr. m ^ III 32 TREASURY DEPARTMENT AND THE PUBLIC REVENUE. any money, service, value or thing whatever, directly or indirectly, for anything done or to be done in the execu- tion of any of the duties of my said oflSce, other than my salary or what shall be allowed me by law, or by order of the Lieutenant Governor in Council.— So help me God. 10. The Lieutenant Governor in Council may from time ' to time divide the Province into revenue districts for the Province mfcy %• divided into revenae dia- guutioMmay collection OT management of the revenue,— and may assign oer"in/offio" r» Tcvenue offic«rs for any such district, and the place or places bueineM^ withiu the same, where their duty shall be performed, — and may make such regulations concerning such officers and the management of the business to them entrusted, as are consistent with the law, and as he deems expedient for the public good; — And any general regulation made by the Lieutenant Governor in Council under the provisions of this act, shall apply to each particular case within the intent and meaning of such regulation as fully and effectu- ally as if the same had been made with reference to such particular case, and as if the officers or persons concerned had been specially named therein. Order in Council estab- lishing revenue divisions passed Srd February, 187L What shall be 2. A copy of any regulation or order of the Lieutenant denoe^/suoh GovemoT in Council, printed by the Queen's Printer, or a regulations, ^^j^^^^^ ^^^y. thereof attested by the signature of the Clerk of the Executive Council, shall be evidence of such regu- lation or order ; and any order in writing, signed by the Secretary of the Province, and purporting to bfe written by command of the Lieutenant Goiernor, shall be received in evidence as the order of the Lieutenant Governor. Officer desig- !■• Every revenue officer employed on any duty or ser- Lteuttfov., vice by the orders or with the concurrence of the Lieute- JJoJ'er'l.ffic.r' nant Governor in Council, shall be deemed to be the proper officer for that duty or service ;— and everything required by any law to be done by, to or with any particular officer designated for iixvX purpose lu sucix la' cV*rtll fuTKrin rl/^viA OiXC«£I. TT£^V'££ \LV£XV TREASURY DEPARTMRNT ANB THE PUBLIC REVENUE. 33 by, to or with any person appointed or authorized by the Lieutenant Governor in Council to act in behalf of such parti(3ular officer, be deemed to be done by, to, or with such particular officer. 2. And everything required by law to be done at any Pi„ce de.ig- particular place within any such revenue district, .hall, ueul'"' when done at any place within such district, appointed by SSh:"?'. the Lieutenant Governor in Coujicil, for such purpose, be""" ^''""■ deemed to be done at the particular place so required by law. la. Any revenue officer employed for any branch of the Revenue .ffi- revenue, may be employed for any other branch thereof, Te "oT^n. whenever it is deemed advantageous for the public service Jrotht!"'" so to employ him, 13. The Lieutenant Governor in Council may, from Office hour., time to time, appoint the hours of general attendance of the revenue officers at their places of employment,— and may also appoint the times during such hours, or the seasons of the year, at which any particular portions of their duties shall be performed ; and a notice of the hours of general attendance so appointed shall be kept constantly posted up in some conspicuous place in such places of employment. 14. The Lieutenant Governor in Council may direct Went. got. any revenue officer to keep any books or accounts, for thebToU^'be purpose of obtaining any statistical information touching'"'"' the resources or public works of the Province, or other matters of public interest, and may authorize any necessary expense for such purpose. 15. The Lieutenant Governor in Council may, from time Control of «. to time, assign the immediate oversight and control of any '''°"'' **""' revenue officers, or classes of revenue officers, to such of the public departments as mav b« Hpoma/i f.r%ii^o«;-,«* . 3 I -.f i ^■■i ■ ■< , M fMi I 34 THEASUnV DEPAHTMENT AND THE PlIULIO REVENUE. and in de^'nult of other assignment, such immediate over- sight and co.itrol shall rest with the Treasury Depart- ment • All r«venno to 10. All reveuue shall be paid in to the ciodit of the be paid in to • j • creditor Treasurer, through such officers, banks or parties, and m Treaiurer. . /^ -i such manner as the Lieutenant Governor in Council may from time to time direct. Time and luoiie of nc 17. The Lieutenant Governor in Council may from time counting for to time appoint the times and mode in which any revenue public moneys i i i- —duties and officer shall account for and pay over the public moneys which come into his hands, — and may determine the times, manner and form in which and the officer by whom, any licenses on which any duty is payable, and any stamps for collection of revenue, are to be issued,— but such accounts and payments shall be rendered and made by such officers, at least once in every three months: Moneye how |8. Evcry revcnuc officer, on receiving public money, deposited and ■ ^ • p m ■ paid out. shall forthwith deposit the same in his name ot ottice, in such bank as tfie Lieutenant Governor in Council may appoint ; and no money so deposited shall be paid out again except for the purpose of being placed to the credit of the treasurer, on the written order or official check of the officer so depositing, or his successor, to whom the bank shall grant a certificate in duplicate of its being so credited ; and every such officer shall keep his cash book written up daily, and all his books, accounts and papers sKall at all times during office hours be opened to the inspection of any person whom the treasurer may authorize to inspect the same ; but where such money is received at a place where there is no bank into which it can conveniently be paid, the Lieutenant Governor in Council may direct it to be paid over in such manner as he may deem expedient. ¥ TgBASUHY DEPAnT^rImT AND THE FTJBMC nEVENlJE. 35 TREASURER AND TREASURY DEPARTMENT. 10. AH rights, powers, duties, lunctions. responsibilities P.,.e„ .„4 *Tid authodties. at the time of the passing of the " British SVul North America Act, 1867" vested in or imposed on the Minister of Finance and Receiver General, respectively of the lute Province of Canada, by law, and not repugnant to the said Act, have been by the said Act vested in and imposed on the treasurer ; and continue so to be, save only in so far as the same may be modified or affected by this Act, or by any other Act of the Legislature, or by any lawful order of the Lieutenant Governor in Council. 2. The Lieutenant Governor in Council may from timeo.h.r dut,.. to time assign to the Treasurer any other duties or fa:ic-e7fo'hir''"' tions, not repugnant to any Act of the Legislature. 20. There shall be employed on the starf of the Trea- Appointment «ury department, under appointment by the Lieutenant T^e^a^j^r/'l-na Governor, an Assistant Treasurer, and an auditor, both oldS"' """' -whom shall be commissioned under the great seal, and such other officers and persons as may be doem^ neces- sary ; and their respective duties, in all matters not .expressly regulated by law, shall be such as may from time to time be assigned them by order of the Lieutenant Governor in Council, or subsidiarily thereto, by the Trea- surer. 21. The accounts of the Province shall be kept by Account, of double entry in the Treasury Department, under such re.howke7^- gulations for assurance of their fulness and accuracy, and as to the measure of oversight and responsibility attaching m regard to them to the Assistant Treasurer, and to the Auditor respectively, as the Lieutenant Governor by order in Council, or (subject to all such orders) the Treasurer, may make from time to time. 2a Such accounts shall be kept in dollars and cents ; m doUa., a„a and all aCfiOnnt-R tn Ko frinA^^^J !._ J.1. 13 • . , _ nonf. •■ '-"^ci'^- tu mo hroviucial Govern- ■H ft ft' ■•11 I'St m prepared. g0 TBEASUHY DKPAHTMlirNT AND THE PCJBMC nEVKNUB. ment or to any public officer or department, shall be ren dered iu dollars and cents. Fifo. lyenr. 38 The fiscftl year of the province shall be the period from the thirtieth of June in one year to and including the thirtieth of June in the next year. Annual lUte- 94. As soou 88 practicable after the close of each fiscal mentnrrete- ,, , , • ,t m t\ i i. nue una ex- year, there shall be prepared m the 1 reasury Uepartmeut, penditure tobe ,, .1, ,., .ci ■ aj., for submiHsion to the Legislature at its next bession, a state- ment of the Public Accounts for such year, shoAving clear- ly and fully the several revenues and expenditures of the Province for the year,— the state of the consolidated reve- nue fund, and of all trust and special funds under the management of the Provincial Government,— and all matters requisiSe to explain the financial transactions and position of the Province during and at the close of such year. a5. The Lieutenant Governor in Council may alter the period at or to which any accountant for public moneys^ public officer, corporation or institution, is required to ren- der any account or to make any return, whenever in his opinion such alteration will facilitate the correct prepara- tion of sich statement of the public accounts or of the estimates, anything in any act to the contrary notwith- standing. whnt period to ao. All estimates submitted to the Legislature shall be be covered by . . x j • 1.1.^ estimates. for the serviccs coming in course ol payment uunng the fiscal year, or during such other term as such estimates may expressly purport to cover ; and all balances of appro- priation remaining unexpended at the close of such fiscal year or other term, shall lapse and be written off Estimates to Such estimates shall contuin, the statutory aprpropriations tni'n''diffB''rVnt in oue columu, which do not require to be voted upon by rl'ia'oui'uiii'ur the Legislature year by year, and in another column the Lieut. -Got. may alter pe- riiici nf ae- couniing. respective amuuntB re4Uired lOr ony servics i] TREASURY DKPARTMKrrr AND THE PTTBLIO REVENUE. 87 «urh statutory appropriations, or otherwise, nsthe case may be, and for which a vote of the Legislature is required, to authorize the expenditure of the same. Added by 86 Vict., cap. 6, tec. 1. It shall be the duty of the Treasurer to deposit, at inter- c.rum ba- «st, any unexiKjnded balance of appropriations made by the Tp" :ti.r Legislature, specially for Protestant educational or Roman toVeH^rat Catholic educational puri^ses, and to give in the public """'"• accounts a statement of such amounts with the interest re- ceived thereon, which shall be subject to the control and direciion of the Lieutenant Governor in Council before dis- tribution thereof, and on receipt by the Treasurer of such order in Council, any payment ordered as above shall be ii..w th.y may pnid and charged against such depoc' . Added by 36 Vicl^ZT""' "" cap. 6, sec. 2. ar. The Lieutenant Governor in Council may from Surpiu. re.e- time to time, should such course be deemed advisable, vrted:r"du- direct the treasurer to invest any portion of the consoli- '"'""* "'• dated revenue fund not presently required for expendi- ture, in public securities of the Dominion of Canada ; and may afterwards, whenever requisite to meet expenditure, direct him to disp(,se thereof to that end, in such manner,' on such terms and to such amount, as may be deemed most for the public advantage. 2. The Lieutenant Governor in Council may also from Loan, how time to time, in case of exigency arising out of failure of f^n'ed,"* the revenue irom unforeseen causes, direct the Treasurer to effect any needed temporary loans chargeable on the consolidated revenue fund, in such .manner and form, in such anjounts, payable at such periods and bearing such rates of interest, not exceeding six per cent per annum, as the Lieutenant Governor in Council may authorize ; but such loans shall not exceed the amount of the deficiencies in the said consolidated revenue fund to meet the charges placed thereon by la'v, and shall not be applied to 2nj other purposes whatever. I; '(ft st: t-'i S8 TREASURY DEPARTMENT AND THE PtTBLIC REVENUE. Fxpenditaret to be made under warrant 1111(1 by checks (.ivned and otunteriigned. Who may be deputed to sign und coun- tereigB cbeeki. 9H. All expenditure of public moneys shall be made by official check on scme bank, upon the warrant of the Lieu- tenant Governor, signed by himself or by such deputy as he may commission to that end ; such check being signed by the Treasurer or Assitant Treasurer, and centers' med by the Auditor. 2 In absence of the Assistant-Treasurer or Auditor, any other officer of the departi ent being thereto deputed by him with approval of the Treasurer, may sign or countersiga such check. !^ i^|.. 1 'V- Through what 29, The Lieutenant Governor in Council may from dep»rtment8 moneyg shall time to time direct through what department or depart- be applied for. * ments, and under what regulations otherwise,, the various descriptions of application for expenditure of public moneys, or any thereof, shall pass to the Treasury depart- ment ; and no such expenditure shall be made or autho- rized, or warrant therefor issued, unless upon application duly reaching the Treasury department in the course so indicated. Certain insti- 30. All institutions and establishments sustained at tutionti to render quar- public expcuse, shall render quarterly (and oftener, if terly acoounti. ^ ^ -l j \ required by the treasurer) their accounts in detail, for the purpose of being audited, accompanied by proper vouchers coneequenoeof for the expenditure of the moneys received by them ; and failure to d» 10. whenever such accounts or vouchers are insufficient or irre- gular, or not rendered to his satisfaction, the Treasurer shall require the parties to supply all omissions and correct all irregularities, and shall suspend all further advance or payment to the institution or establishment in question, until such accounts and vouchers have been properly furnished. 31. All institutions, establishments, associations and bodies, sustained or in pa t aided ut public expenses, shall render yearly on or before the thirty first of July, in TREASURY DEPARTMENT AND THE PUBMC REVENUE. 39 such form as from time to time may be required by the Lieutenant Governor in Council, full report of their condi- tion, lanagement and progress, and also all statistical : returns vphich may from time to time be required of them by the Lieutenant G-overnor in Council. 3S8. The Secretary Treasurer or Treasurer of every mu- Annual return nicipality for which any sum of money has been raised or mu'icTafuief the credit of the Consolidated Municipal Loan Fund of m.mioi'aUoaa the late Province of Canada, shall, so long as any part of '^""'*" such sura or of the interest thereon remains unpaid by such municipality, transmit to the Treasurer, on or before the thirtieth day of January or such other day in every year as may be ordered by the Lieutenant Governor in Council, a return certified under his oath before some some Justice of the Peace, setting forth the amount of moveable property in such municipality according to the then last assessment roll or rolls, a true account of all the assets, debts and liabilities of such municipality, and all such information and particulars as to the resources, debts and liabilities thereof as the Lieutenant Governor in Coun- cil may from tinae to time require. 8». The Lieutenant Governor in Council may, from to „hom .uoh time to time, direct through what department or depart- reTur/^hlu ments the various accounts and returns referred to in the """"""'''""*• last three preceding sections, or any theraof shall be ren- dered, for transmission to the Treasury Department ; and in default of other direction, the same shall be rendered directly to the Treasury Department BOARD OF AUDIT, AND ITS POWERS AND DUTIES. 84. The Lieutenant Governor may, by lelters-patent Appointment under the great seal, constitute and appoint, during pleas- boardoflSt. ure, a board of audit, whose duty it shall ,be, under the direction and supervision of the Treasurer, from time to time, to examine into and report on all matters coming si: ''•'■ il . # is'i ^0 TREASUnv DEPARTMENT AND THE PUBLIC REVENUE. before them, as hereinafter provided, or upon reference to them by the Treasurer. Who Bhaii s.Tf, The Board shall consist of the Assistant Treasurer compoko board of audit. I and Auditor, and of such deputy heads of other departments having oversight or control in matters of revenue or expen- diture, as the Lieutenant Governor by such letters-patent may designate ; and the Auditor shall be the Chairman of the Board. I . ^1 Absent mew- 36. The Lieutenant Grovernor may in case of the illness bers how re- placed, or absence of any member of the board, authorize any offi- cer of the same Department to perform all or any of the duties of the absent member as such. PreHminary 37. Each member of the Board, other than the Auditor, audit of cer- tain aocounta shall Severally audit in the first instance the details of the by each mem- ber, accounts of such department or departments (including those of all officers and persons under" the oversight and control thereof) as may be assigned him by the Lieutenant Governor in Council, and shall be responsible for the cor- rectness of such audit. other acoonnti to be audited by auditor. 38. The Auditor shall examine, check and audit all other accounts of receipt and expenditure of public moneys, whether appertaining to the Province, or received or ex- pended by the Province on account of, or in trust for any other party or parties ; and all accounts of receipt and ex- penditure which are required to be primarily audited by other me.nbers of the Board, shall nevertheless be submit- ted to the Auditor for review and final audit. Board to de- 39. In case of any difference of opinion between the cide differ- ences between Auditor and any other member of the Board on any point Auditor and connected with accounts in charge of 8u<'h other member, the matter shall be submitted to the Board ; and any mem- ber may bring any question of audit before the Board, although it may not relate to the department under his charge. any other member. TREASUBY DEPARTMENT AND THE PUBLIC REVENUE. 41 2. Upon all matters of importance, the Board shall report Board to re- to the Treasurer; and no decision of the Board shall be m.' *° ^''""'" binding until it has been approved by him ; and when any such report is made, any member of the board may record his dissent dn the minutes and may submit to the Treasurer a minority report. 40. The board of audit shall frame regulations respect- Regulation, to ing the method of book-keeping to be used in the several Solrrofludu. departments and by the several sub-accountants of the Province, the issuing of warrants, the accounting for public moneys and the auditing of accounts thereof, and shall sub- mit such regulations to the Lieutenant Governor in Coun- cil through the Treasurer; and from lime to time may suggest any amendments which they may deem advisable in such regulations, and submit them in like manner ; and any Order in Council made on any of these subjects, shall have the force of law until revoked or amended as it may be, by any subsequent order. 41. The board of audit shall examine the yearly state- Board to r.port mentofthe public accounts, and submit thereon to the yearly u»t«- Treasurer their report, for communication to the Legisla- """"* ture. 43. The board of audit may examine any person on Power to «». oath or affirmation on any matter pertinent to any account '"''"' °° ""^■ submitted to it for audit, and such oath or affirmation may be administered by any member of the board. 43. Any member of the board, duly authorized by it, Mode of oom- may apply, in term or in vacation, to any Judge of theSS.**"' Superior Court, for an order that a subpoena be issued from the Court commanding any person therein named to appear before the, said board at the time and place men- tioned in such subpoena, and then and there to testily to all matters within his knowledge relative to any account subntitted to the board, and (if the board so desire) to bring If'' •^m fp*** "I^H ' :.^^| :'■ m >,;■ ^ti "'■ t>{ ■ ' ^H !>•' 1'^H xii ; ' HI K ■ :JH ^ it'.^H ii:~^| M' r^.^l SU '^'^^1 It^ ' -WM pfW iffl^l ■m m w ■ m i ' ■: » ; ^:■ ^1 42 TREASURY DEPARTMENT AND THE PUBLIC REVENUE. m' with him and produce to the board any document, paper or thing which he may have in his possession relative to such account as aforesaid ; and such subpoena shall issue accordingly upon the order of such Judge. 44. If by reason of the distance at which any person I Board may itiue oommii- •TidMM**^* whose evidence is required by the board resides from the place where its sittings are hold, or for any other cause, the board deems it advisable, they may issue a commission under the hands and seals of any two members of the board, to any officer or person therein named, empowering him to take such evidence, and report the same to them ; Power of Com- and such officer or person being first sworn before some miasioBers. ° Justice of the Peace faithfully to execute the duty en- trusted to him by suca commission shall, with regard to such evidence, have the same powers as the board, or any member thereof, would have had if such evidence had been taken before the board, and may in like manner, apply to and obtain from any Judge of the Superior Court, a subpoena for the purpose of compelling the attendance of any person, or the production of any document, paper or thing before him ; and such subpoena shall issue ac- cordingly on the order of such Judge, or such subpoena may issue on the application of any member of the board authorized to make such application, to compel such attendance, or the production of any document, paper or thing before such commissioner. Penalty for 43. If any person so summoned to attend before the evidence. board of audit or any commissioner appointed as aforesaid, fails, without valid excuse, to attend accordingly, — or, be- ing commanded to produce any documenc, paper or thing in his possession, fails to produce the same, — or refuses to be sworn or to answer any lawful and pertinent question put to him by the board or by such commissioner, — such person shall, for each such offence, incur a penalty of one hundred dollars, and may likewise be dealt with b^ the TREASURY DEPARTMENT AND THE PUBLIC REVENUE. 43 Court out of which the subpoena issued, as having refused to obey the process of such Court, and as being guilty of a contempt thereof. SPECIAL DUTIES OF AUDITOR. 4«, The Auditor shall see that no warrant issues for the Duties of payment of any public money for which there is no direct '^"*'°''' legislative appropriation, or in excess of any portion of such appropriation the expenditure of which has been autho- rized by the Lieutenant G-overnor in Council ; and he shall report to the Lieutenant Governor in Council through the Treasurer, any case in which a department or sub-account- ant has expended money out of the proceeds of any accountable warrant, for any purpose for which there is no sufficient authority, or beyond the amount for which ~^ there is such authority. 47. No money warrant shall issue except upon the cer- no warrant, to tificate of the Auditor that there is legislative authority for biHeS'te. the expenditure ; but nevertheless : 1. If, upon any application for a warrant, the Auditor Except upon has reported that there is no legislative authority for issu-oZ";"' '*" ing it, and the written opinion- of the law officer of the Crown is then given that there is such authority, citing it, the Treasurer may authorize the preparation of the war- rant irrespectively of the Auditor's report. 2. If, when the Legislature is not in session, any acci- or in certain dent happens to any public work or building which re-wgenoj. quires an immediate outlay for the repair thereof, or any other occasion arises when any expenditure not foreseen or provided for by the Legislature is urgently and imme- diately required for the public good, then upon the report of the Treasurer that there is no legislative provision, and of the Minister having charge of the particular service in question, that the necessity is urgent, the Lieutenant Gov- ernor in Council may order a special warrant to be pre- ■''■!' I Si •Hi ft W^ M •5ia t mm ' i'' 4A TREASURY DEPARTMENT AND THE PUBLIC REVENUE. pared, for the issue of the amount estimated to be re quired ; which warrant shall be i.igned by the Lieutenant Governor hii^self and the amount thereof shall be placed by the Treasurer to a special account, against which warrants may issue from time to time in the usual form, as they may be required. rudUor"^"** In the absence of the Treasurer, or in the ^rf^ of va cancy in the office of Treasurer, the Audi. utho- rized to make the said report." As amended by ^ \ ,.-3 Vict , cap. b, sec 1 parfstatem^eni ^- ^* ^^^^^ ^^ ^^^ ^^^^ ^f the Auditor in all such cases donafoa"".?" *° Pr«pare a statement of all such legal opinions, reports of council and special warrants, and of all expenditure incurred :n consequence thereof which he shall deliver to the Treasurer, who shall present the same to the Legisla- ture not later than the third, day of the Session thereof then next ensuing, L7de"be-*° ^^- ^^ the Auditor has refused to certify that a warrant annoard!*"' ^^^ ^^s"®' ^^ *^« grouud that the money is not justly due, or that it is in excess of the authority granted by council, or for any reason other than that there is no legislative authority, then upon a report of the board of audit on the case, the treasurer shall he the judge of the Auditor's objection, and may sustain him or order the issue of the warrant, in his discretion. LIABILITY OF PUBLIC ACCOUNTANTS AND REVENUE OFFICERS. Penalty for 49. If any pcrsou refuses or neglects to transmit anv failure to ae- * count. account, statement or return, with the proper vouchers, to the officer or department to whom he is lawfully required to transmit the same, on or before the day appointed for the transmission thereof, such person shall for every such refusal or neglect incur a penalty of one hundred dollars ; Proof in iuita and in any action for the recovery of such sum, it shall be *o recover pe- naltjr. >^ TREASURY DEPARTMENT AND THE PVaUC. RE-V'ENUB. ^g sufficient to prove, by any one witness or other evidence, that such account, statement or return ought to have been transmitted by the defendant, as alleged, and the onus of proving- that the same was so transmitted shall rest upon the defendant, .10. "Whenever the Treasurer has reason to believe that N«tioe to party any officer or person has received public money, or money JouKor"" applicable to any public purpose, and has not paid over or Sey. '"'"""" duly applied and accounted for the same,— he may direct a notice to such person, or to his representative in case of his death, requiring that, within a time therein named, and not less than thirty nor more than sixty days from the service of such notice, such money be paid over, or applied and accounted for to the treasurer or to the officer to be mentioned in the notice, with proper vouchers : 2. Such notice shall be served by the Sheriff of the Notice how district where the service is made, or his deputy, by deli- '"'"*"^" vering a copy to the person to whom it is addressed, or leaving it for him at his usual place of abode ; and the return of the Sheriff", of such service, shall be conclusive evidence thereof. 51. If any such person fails to pay over, apply or account Prooeedingg if f 1 , ' money be not lor any such money, and to transmit such vouchers within P»id o^er <>' the time limited by the notice served on him, — the Trea- w'''*'" "i^'ay 111 , fixed by notiev> surer snail state an account against such person in the matter to which the notice relates, charging interest from the service thereof, and shall deliver a copy thereof to the Attorney General, and such copy shall be sufficient evi- dence to support any proceeding for the recovery of the amount thus shown to be in the hands of the defendant, as a debt due to the crown, saving his right to plead and give in evidencf! all such matters as may be legal and pro- per for his defense : and the defendant shall be liable to costs, whatever be the judgment, unless he proves that be- Costt. fore the time limited in such notice, he paid over or applied t t" M ft' K t,. -'i ' 13 46 I TREASURY DEPARTMENT AND THE PUBLIC REVENUE. and duly accounted for the money therein mentioned, and transmitted the proper vouchers, or unless he has been sued in a representative character, and is not personally liable for such money, or to render such account. Sti. Whenever any such person has transmitted an ac- it I Notico and proceedings when account count either before or after notice as aforesaid, but without fasB been rendered with- yQjjyj^gj.g qj. ^^ii\l insufficient vouchcrs for any sum for out guCRcient ■' vouoheri. which he therein takes credit, — the Treasurer may notify him, in the manner mentioned in the next preceding sec* tion but one, to transmit vouchers, or sufficient vouchers, within thirty days after the service of the notice ; and if such vouchers are not transmitted within that time, the Treasurer may state an account against him, disregarding the sums for which he has taken credit, hut for which he has transmitted lio vouchers or insufficient vouchers, and may deliver a copy of such account to the Attorney Gene- ral, and such copy shall be sufficient evidence to support any proceeding for the recovery of the amount therein shewn to be in the hands of the defendaut, saving his right to plead and give in evidence all such matters as may be legal and proper for his defence ; — but such defendant shall be liable to costs, whatever be the judgment, unless the vouchers by him transmitted within the time limited by the notico served on him, or before such service, are found of themselves sufficient for his defence, and for his discharge from all sums demanded of him. 2. The said notice shall be served and the Sheriffs re- turn of service shall be of the like eiFect as provided in section fifty with regard to the notice therein mentioned. In certain tlS. If at any time it appears clearly, by the books of ac- oases esaea- % m i< m \. tion may issue couuts kept by OT m the office of any revenue officer, or by ogainst de- faulter without his written acknowledgment or confession,-j-that he has by virtue of his office or employment received moneys belong- ing to Her Majesty, and amounting to a sum certain which he has failed to pay over to the officer duly appointed to Oosta. Notice how served. 47 TREASURY DEPARTMENT AND THE PUBLIC REVENUE. receive the same, and in the manner and at the time law- fully appointed,— then upon affidavit of the facts, by any officer cognizant thereof, and thereunto authorized by the Lieutenant Governor in Council, made before a judge of the Superior Court, such Judge shall cause to be issued against the goods, chattels and lands of such officer, such writ or writs as might have issued oufrof such Court, if the bond given by him had been put in suit, and judg- ment had been thereupon obtained, for a like sum, and any delay by law allowed between judgment and execution had expired; and such writ or writs shall be executed by the Sheriff or other proper officer, and such sum as afore- said shall be levied under them with costs, and all further proceedings shall be had, as if judgment as aforesaid had been actually obtained, 54. If any person has received public money for the Pro,,eed{ng« purpose of applying it to any specific purpose, and hasr.ti.^''n""to not so applied it within the time or in the manner pro- XV """ vided by law,— or if any person having held any public office and having ceased to hold the same, has in his hands any public money received by him as such officer for the purpose of being applied to any specific purpose to which he has not so applied it,— such person shall be deemed to have received such money for the Crown for the public uses of the province, and may be notified by the Treasurer to pay such sum back to him, and the same may be reco- vered from him, in any manner in which debts to the Crown may be recovered,-and an equal sum may in the other mo«ey meantime be applied to the purpose to which such sum 1^ thV^^i'^'' ought to have been applied. ''"'^• 5.-5. If by reason of any malfeasance, or of any gross Li.biiuy of carelesssness or neglect of duty, by any revenue officer, [f Ho JuWi7 any sum of money is lost to the Crown,— such officer or""'""'" person shall be accountable for such sum, as if he had collected and received the same, and it may be recovered ■'I I *i «? i ^ i w <•• f ft ' K .(■ 'fr r > ^' V f' "i iij ,i, iU ^Hf }t» prj ' K 48 TRKASURY DEPARTMENT AND THE PUBLIC HEVENUE. It;- ■ Dlimiflsal of uffiosr receiv- ing a bribe. Penally against party bribing. I:, from him on proof of such malfeasance, gross carelessness or neglect, in like manner as if he had so collected and re- ceived it. •16. If any revenue officer receives directly or indirectly any money, servii^e, value or thing whatever, from any person not legally authorized to pay or allow the same, on account of anything done by him in any way relating to his office or raployment, except what he receives by order or with the permission of the Lieutenant Governor in Council, — every such officer shall, on proof to the satis- faction of the ] lieutenant Governor, be dismissed from his office or employment ;— And if any person not being an officer duly authorized to pay or allow the same, gives, offers or promises any such money, service, value or thing, he shall, for every such gift, offer or promise, incur a pe- nalty of four hundred dollars. Booki, deou- S7. All books, papers, accounts and documents of what ments, moneys, , . , , , , , • ii • •• _ Ac, held by kind soever, kept or used by, or m the possession o. any SeBuId^to be- revenue officer by virtue of his employment as such, shall Crown"! ' be deemed to be chattels belonging to Her Majesty, — and all moneys or valuable securities received or taken into his possession by virtue of his employment, shall be deemed to be moneys and valuable securities belonging to Her Majesty. Penalty for 2. If any such officer or person at any time refuses or deUvei up the fails to pay over or deliver up any such chattel, money or "*"°* valuable security, to any officer or person who, being duly authorized by the Lieutenant Governor in Council, de- mands the same, he shall for every such refusal or neglect, incur a penalty of one thousand dollars. This act not to 58. Nothing contained in this Act shall prevent, .essen oourso'^a'iready or impair duy remedy already given by law to Her Majesty or any other party. TREASURY DEPARTMENT AND THE PUDLIC REVENUE. MTfiOELLANEOUS PROVISIONS. I 31 49 3». In all cases wherein any oath, affirmation or declara- who m»y .d- tion is required by this Act or by any law relating to the "oSir' ILuiS't. revenue, or is necessary for the satisfaction or considera- tion ->f the Lieutenant Governor in Council, in any matter relating to the revenue, and no person is specially named before whom the same is to be made,— it may be made before any person appointed to receive the same by the ' Lieutenant Governor, and such person shall administer such oath or affirmation or receive such declaration ; and in any case or class of cases Avhere an oath is required by Affirmation this Act or by any law in force, in any matter relating to inlerufn *""' the revenue, the Lieutenant Governor in Council may *""*"" authorize the substitution for such oath, of a solemn affirm- ation or of a declaration, which stall then avail to all intents and purposes as such oath would have done. 60. Upon all examinations and enquiries made by order EKamin«ti.ii. of the Lieutenant Governor in Council, for ascertaining the oath! "'"*" truth as to any fact concerning the revenue, or the con- duct of revenue officers,~and upon like examinations and enquiries made by any person authorized by the Lieutenant Governor in Council to make the same,--any person to be examined as a witness shall deliver his testimony on oath to be fidministered to him by the person making the examr'nation or enquiry. 61. The Lieutenant Governor, whenever he deems itLieut.-GoT. m conducive to the public good, and when great public in-maytmu" convenience or great hardship and injustice to individuals '"°'''"'"' *°' would otherwise ensue, may remit any tax, duty or toll payable to Her Majesty, imposed or authorized either before or since the Union, and relating to any matter with- in the scope of the powers of this Legislature, or any for- feiture or pecuniary penalty imposed or authorised to bo -raposed, for any contra vcntioa of the laws relating to the 4 Ml' ft ar r:'. \n 1^1 If If 60 TnEASlinV DEPAnXMKNT AND THE PtIBMC nEVENUE. n % m ^^: ■ public work produ* Reoorery of penalties revenue or to the nmnageraent of « cing toll or revenue, although any part of such forleiture or penalty bo givon by law to the informer or prosecutor, Form of remii- or to auy other party ; and such remission may be made by '''"°* any general regulation or by any special order in any par- ticular case, and may be total or partial, unconditional or conditional ; but if conditional, and the condition bo not performed, the order made in the case shall be null and void, and all proceedings may be had and taken as if it had not been made. sutem.nt of 2. A detailed Ktatement of all such remissions as afore- "r.u'bmi'tted-.said, shall be annually submitted to the several branches to ^«'*''*""" Qf tjjg Legislature, within the first fifteen days of the next ensuing session thereof. 02 The Attorney General may sue for and recover in Her Majesty's name, any penalty or forfeiture imposed by any law relating to the revenue, or may direct the discon- tinuance of any suit for any such penalty or forfeiture, by whom or in whose name soever the same has been brought ; \ppr.oatioii of and the whole of such penalty or forfeiture shall belong to [.enaitiei. ^^^ Majesty for the public uses of the province, unless the Lieutenant Governor in Council do, as he may if he sees fit, allow any portion thereof to the seizing officer or other person by whose information or aid the penalty or forft>i- ture has been recovered. tmentt 63. All commissions and appointments of revenue offi- pHoMMhu cers issued or made before the passing of this act, whether dutierio!Vo before or after the Union, shall continue in force, ^nless continue the ^^^ ^^^.^ revoked or altered by competent authority ; and the nature of the duties and local extent of the powers of each office, shall, unless and until they be expressly altered, and so far as they are not inconsistent with any act of this Legislature, remain the same as if granted or made under the authority of this act, subject always to the pro- A av.ortfTnoTita 4li«rpof • n.Tid all bonds vrhich have Visions ana TREASURY DETARTMENT AND THE PUnLfT, REVENUE. been given by such officers or persons, or their sureties, shall remain in full force and effect. 51 64. So much of chapters fourteen and sixteen of ♦he Con- Com. sut. solidated Statutes of the late Province of Canada, or of?r.nd2i*2"' chapter six of the acts of th<. Legislature of the said Pro- p«iun; ri* vince, passed in the session held in the twenty-seve/i^h and '^""'' twenty.eighth years of Her Majesty's reign, or of any other act or law in force in this province, as is inconsistent with this act or make any provision in any matter provided for by this act other than such as is hereby made, is repealed, in so far as relates t-. matters subject to the control of this Legislature. 6«1. This act may be cited as *' The Treasury Depart- Short title, ment Act." Under the Act 4.3-44 Vict., cap. 24 the Sheriff is ohlifrgd to account, to the treasurer for the revenue received from, the empfoj/ment of prisoners outside the walls of gaols, by section Q. m 82 VICTORIA, CHAPTER 15. An Act respecting the Department of Agriculture and Public "Works. {Assented to 5th April, 1869.) TTER MAJESTY, by and with the advice and consent of the Legislature of (Quebec, enacts as follows : aoa. All tolls, dues or other revenues imposed and Money, from collected on public works shall be paid by the person IfvoMo" ue^* receiving the same to the treasurer of Province, in such""'" manner and at such intervals as may be appointed by him, uut such interval shall in no case exceed one month. *' If t I Ml I1" m 'h', ^ m '11 m !•■: '*,i t 52 SALE OF Q., M., 0. AND 0. R. K' 46 VICTORIA. CHAPTER 19 An Act ordering and confirming- the sale of that part of the Quebec, Montreal, Ottawa and Occidental Railway, extending from Montreal to St J§r6me, Aylmer and the city of Ottawa. [Assented to Ut May, 1882.] Pr.»mbie. TTTHEREAS the Government of the Province of Quebec ^^ has entered into an agreement with the Canadian Pacific Railway Company for the sale to the said Company of that portion of the Quebec, Montreal, Ottawa and Occi- dental Railway, extending from Montreal to St. Jerdme, Aylmer and Ottawa City, which agreement bears date the fourth day of March, one thousand eight hundred and eighty-two ; and whereas it is expedient to approve and ratify the said agreement, and to make pro^asion for carry- inff out the same ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Agre.ment of 1. The Said agreement of sale,— a AND Ot w. Prean bla. 46 VICTORIA.. CHAPTER 20. An Act to order and confirm the sale ef that portion of the Quebec, Montreal, Ottawa and Occidental Railway, known as the Eastern Section, and extending from St. Martin's Junction to the City of Quebec. w ContracU tp* prured and ratified. [Assfnted la 21tk May, 1882.] HERE AS the Government of the Province of Quebec, has entered into » coiitract for the sale and perma- nent working of that portion of the Quebec, Montreal, Ottawa and Occidental Railway, known under the name of the Eastern Section, extending from St. Martin's Junc- tion to the City of Quebec inclusively, which contract, bearing date the fourth day of March one thousand eight hundred and eighty-two, as well as the appendix thereto, have been submitted to the Legislature to be ratified, and whereas it is expedient to approve and ratify the said contract and to make provisions for the carrying out of the same : Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : I. The said contract, a copy of which, with its appendix, is hereto annexed, is hereby approved and ratified, and the government is authoriaed to perform and carry out the conditions thereof, according to their purport and tenor. CONTRACT BKTWEKN THR PROVINCB OF QUEBFG AND THE NORTH SHOKE RAILWAY hYNDlCATE On the fourth day of the month of March, one thousand eight hundred and eighty-two, in the city of Montreal, by the present document signed in duplicate,-— Her Majesty the Queen, acting for and on behalf of the Province of Quebec, by the Hon. J. A. Chapleau, Premier and Commissioner of Railways of this Province, hereinafter fsif ~r\ styled the Goyernment, and the Hun. Thorn APPROPRIATION OF THE PRICE OP THE Q., M., 0. AND 0. R. R. 55 ofth« of f ty of Quebec, Alphonse Desjardins, of the ci ^ Montreal, Alderic Ouimet, of the city of Montreal, all three Members of the House of Commons of Canada, and Louis Adelard Senecal, of the city of Montreal, gentleman, herein- after styled the Syndicate, have entered into the following agreem ents, subject to their being ratified by the Legis- lature of the Province of Quebec, as hereinafter provided. 13.— The sale is made for the price of $4,000,000, on Prioe and oon- account of which the Syndicate shall pay, on the road '*'"'"" "'""'■ being handed over, a sum of $500,000 and on the balance of $3,500,003, the Grovernment may by giving six months' notice to the Syndicate, exact another payment of $500,000, after the expiration of the year following the first payment, and at the expiration of five years, from the time the road is handed over, the Government shall have the right, at any time, by giving one year's notice to the Syndicate, to exact the entire payment of the balance then remaining due on the aforesaid price of sale, and, in any case, such balance shall be due and payable at the expiration of twenty years. •'f| Pi', i 45 VICTORIA. CHAPTER 21. An Act appropriating the price of the Quebec, Montreal, Ottawa and Occidental Railway, to the payment of the consolidated debt of the Province. [Assented to 21th Mat/, 1882.] TTER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The price of the sain of the two sections of the Que- Appropriation bee, Montreal, Ottawa and Occidental Railway, shall be ^f Ih "q."m 'j! appropriated to the payment of the consolidated debt of tTpS^JiriJ the Province. «-n=o.idawd debt. IP Paymeu oertainJ into Inds. Applio 13,000 $3,000,000, of pri Western aeo tioD. 56 APPROPniATION OF THE PRICK OK THE Q., M., 0. AND 0. 1\. R. SI. This price shall be paid into the funds created for the redemption of the loans effected under the provisions of the acts 37 Victoria, chap. 2 ; 89 Victoria, chap. 4, and 41 Victoria, chap, 1. 3. The sum of three million dollars, payable according rioeofthe to the Conditions of the contract of sale of the "Western section, by the Canadian Pacific Railway Company, after six months' notice or after the expiration of twenty years, shall be applied to the t)ayment of the loan of three mil- lion dollars made under the provisions of the act 41 Vic- toria, chapter 1, which will complete the sinking fund created for the redemption of that loan. Appiioation of 4. The sum of three millions five hundred thousand price of the doUars, payable at stated terms, according to the condi- ion. tions of the contract of sale of the Eastern section, by the North Shore Railway Company, shall be applied to the payment of so much of the loan made under the act 39 Victoria, chap. 4, and the sum of five hundred and fifty nine thousand seven hundred and seventy three dollars and thirty three cents shall be taken from the balance of the price of the sale of the two sections, to complete the sinking fund created for the redemption of that loan. And of $559,773.33. Application of 5. The balance of the price of the sale of the two see- the balance of 1111 Tl the price of tious shall be applied to the payment of so much of the both leetiona. . . n i » it- ■ ^ loan made m virtue of the Act 37 Victoria, chap. 2, and shall form part of the sinking fund created for the redemp- tion of that loan. Inveatment of partial pay- ments. 6. The provincial treasurer shall, from time to time, in conformity with the instructions that may be given him by the Lieutenant-Governor in Council, invest all sums that shall be paid on account of the price of sale ; and such investments shall belong to that sinking fund of which the monies they represent from part. LIEUTENANT GOVERNOR. &C. 5r 7. The interest, upon the balances in the hands of the interest how purchasers, and those upon the investments which shall " ' "''^ '* ' be made by the treasurer, of the sums which shall be paid on account of the price, shall be applied to the payment of the interest upon the loans above-mentioned, according to, the appropriation of capital. 8 The provincial treasurer is prohibited from employing Money from even temporarily, the money arising from the price of the Ind o.^n^t to sale of the Quebec, Montreal, Ottawa and Occidental o^leTSh.n Railway, and the interest to be derived therefrom for any dirltu."' other purpose than that above enacted. 9. An a-jcount shall be rendered to Her Majesty of the Account to b» regular investment and employment of the sums arising Her iiljeity. from the price of the sale of the Quebec, Montreal, Ottawa and Occidental Railway, as well as of the interest thereon. 10. This act shall come into force on the day of its Act in force, sanction. CONSOLIDATED STATUTES OF CANADA. CHAPTER 10. An Act respecting the G-overnor, Civil list and salaries of certain public officers. TTER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follow's : OF THE GOVERNOR, OR PERSON ADMINISTERING THE GOVERNMENT. I. The Governor, Lieutenant Governor, or person ad- QoTemor to b» ministering the Government of this Province for the time «ou.!'^'"*"'*° being, and his successors, shall be a corporation sole ;— and all bonds, recognizances, and other instruments by law required to be taken to him in his public capacity, ar 'A I .n>- tot, H ■if el m Mn 58 COMMISSIONS, OATHS OF ALLEGIANCE AND OFFICE, &C. shall be taken to him and his successors, by his name of office, and may be sued lor and recovered by him or his successors, by his or their name of office as such; — and the same shall not in any case go to or vest in the personal representatives of such Governor, Lieutenant Governor, or person administering the Government, during whose government the same were so taken. iili IP: No new Com- ■niBsions need be issued at the coininon- oeinent of a new Reign, but a Priiclaiiia- tion continu- ing all Public OIlio rs, itu., in tbeir respec- tive ottices •hall ifsuo and be suffi- cient. Oath ofalle- giano' to the Sovor*'ign to be taken. CONSOLIDATED STATUTES OF CANADA CHAPTER 12. An Act respecting the Commissions of Public Officers, and the Oaths of Office and Security to be taken and given by them. HER. MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows ; COMMISSIONS. 1. Upon • •V«Ipr° liable to seizure or attachment either before or after judg-^'"" "'"'*' ment. lO In any action brought for the recovery of any sum Certiflo.t. of due in virtue of any security, in consequence of anyeviuenoVof **' bveach thereof, the certificate of the treasurer shall be'"""''' prima facie evidence of such breach, and of such amount being duo. II. It shall be the duty of the treasurer to enquire from Treasurer to time to time into the sufficiency of any security given 5"!" "o" under this act, and to report to the Lieutenant Governor .'ufaiT "' in Council if the same shall have ceaped to be sufficient. 13. Every public officer failing to give security in ac- Forfeiture of cordance with this act when duly required to do so, shall pto?«ou- forfeit his office ; but such lorleiture shall not annul or "'^' make void any act or thing done by him during the lime he actually held such office ; and the Lieutenant Governor RemiMion of in Council may remit the forfeiture, in any case in which cSomL the iailure to give security has not arisen Irom wilful neglect. 13. Any public officer giving security under this act shall security under not be bound to do so under any other act ; and upon his fufficTont!" ■" giving security under this act, any other security already given shall cease for the future, but shall continue to avail for any liability previously incurred by reason of any breach thereof. 14. The security given under this act shall enure pre- To whose be- ferentially to the treasurer, to cover any loss to the pro-"haiVenure!' vince arising from any breach thereof, and secondarily to any person who has suffered loss by reason of any such brsach ; and any such person, having first obtained the au- thorization of the Attorney Greneral, may for his own bene- 66 SECURITY TO BE GIVEN BY OFFICERS OF THE PROVINCE OF QUEBEC. W .;. I Person requi- ring ftulhoriza- tiiin to sue as surety must give soourily. Person autho- rized to Hue Copy to be evidence. fit, but at his own risk as regards costs, bring suit in the name of the treasurer for the recovery of his loss, out of such security. As amended by 45 Vict , cap. 2, 15 The authorisation mentioned in the precedinjif article shall not be granted, unless the person applying for the same gives security, to the satisfation of the Attorney General, for the payment of all costs that may be incurred by reason of his failure in any such suit, or in any proceeding therein. As amended by 45 Vict., cap. 2. 16. Any person having such authorization may, on oo7 of inXu- P^y wi<^^it of such fee as may be chargeable, obtain from the mentofsecu- officer having cuhtody of the securities given under this act, a copy of the document evidencing the particular security upon vv^hich he intends to bring suit. This copy shall be certified by such officer, ard shall be authentic evidence of the security. IT". The treasiirer shall cause to be prepared, for the ment <.f all se- information of the legislature, within fifteen days after the curitics given. ° •' opening of every session thereof, a detailed statement of all bonds or securities given under this act, and of any changes or entries that have been made in reference to the names and residence of any suieties, and of the amounts in which they have become severally liable, since the period of the previous return submitted to the legislature. Seouritiei ai- 18. All bonds and securities heretofore given by any continue valid, public officer and his sureties, or any of them, under any law now in force in this province, shall be held to be and continue valid and binding, notwithstanding the changes effected by the British North America Act, 1867, until other security shall haA'e been given in lieu thereof under this act, and even after such other security shall have been given, in so far as regards liabilities incurred for any breach of such bonds or securities ; subject nevertheless to the right of the sureties therein named to relieve them- selves from liabilitiy in the manner provided for that pur- Treasnrer to furnish state- SECURITY TO BE GIVEN BY OFPICEBS OF THE PROVINCE OP QUEBEC. pose by this act, or by the act under which such bonds or securities were given. 67 19. In any document made, or suit brought, or other Pergonal „am, legal proceeding had, under this act. the personal name ofneedZ^b^J the treasurer need not be used. used. 20. This act shall came into force on such day as shall '^ommenae- be fix for that purpose by proclamation. Z"' "^ *'* N. B.~The prodamntum appeared in the Quebec Official Gazelle under dale Ihe 10th September, 1870, appoHiting the 1st October, 1870, as the day of the coming into force of this act. This act applies to the Superintendent of Education by the following section of the act 39 Victoria, (1875) chap. 15 : 2. The superintendant of public instruction shall be ap- pointed by the Lieutenant Governor in Council, shall hold his office during pleasure, shall have an annual sabry of four thousand dollars, and shall give security in conformity with the act of this province 82 Victoria, chapter 9. 36 VICTORIA. CHAPTER 15.' An act respecting the securities of certain Judicial Officers of the Province of Quebec. [Assented to 2ith December, 1872.) JJER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : B. All securities required of sheriffs, prothonotaries of The «c„nty the superior court, clerks of the circuit court, registrars- L^'eX/Ey coroners, and bailiffs of the superior court, under the laws^ha!! '"."^IT in relation to the same, whether such security must be o.l" ''''•' m ...J, •■ ft*: m } ■ gg SECURITY OF JUDICIAL OFFICERS OF TME PROVINCE OF QOE&fiC. given in place of any other, or by reason of aiiet«' appoint, ment to any of such offices, shall in future be given exclusively under the authority of the act thirty-second Victoria, chapter nine, withoutpreju- ^- The foregoiug section shall be without prejudice to JlouB^^awsM the provisions of law respecting such officers, in so far a» Mourity"Aof the same relate to the amount of security to be furnished, to the delays within which it shall be given, and to the penalties imposed for the neglect to furnish such security, provided that such provisions be consistent with those of this act. Amount of (o- **• The securities to be given by the officers hereinafter g^von^ b°y''oer- mentioned, shall, any law to the contrary notwithstanding, tain cew. ^^ ^^^ ^-^^ amouuts following, that is to say : 1. By the sheriff of the District of Montreal, twelve thousand dollars ; by the sheriff of the District of Quebec, eight thousand dollars ; by the sheriff" of the District of Three Rivers, four thousand dollars ; and by the sheriff of the other districts, two thousand dollars each ; 2. By the prothonotories of the Superior Court for the Districts of Quebec and Montreal., four thousand dollar& each ; and by those to the other districts, two iLonsaud dollars each ; 3 By the Clerks of the Circuit Court, six hundred dollars each. Under the Act 38 Vict., cap 17, ditiding the registration division of Montreal into three divisions respectively named, " The registration division of Montreal East" " The registrar Hon division of Montreal West" and " The registration divi- sion of the covMties of Hochelaga and Jacques-Car tier" the registrar of each division is obliged to give security to the amount mentioned in the following section of the said act : " . The Registrar of each such registration divisions Bhaii give security to the amount of ien thousand dollars . SECDHITT OF PUBLIC OPPICERg. Q« 42-43 VICTORIA. CHAPTER 6. In act to amend the acts respecting the security to be given by Public Officers in this Province, (32 Vict., chap 9 and 36 Vict., chap. 15.) (Assented to SUt October^ 1879). JTER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. From and after the passing of the present act, these«nrity from security which the Lieutenant-Governor in Council may ^'"'"'' °'"'""*- require from such public officers as are bound to give the same, under the acts of this province, 32 Vict., cap. 9 and 86 Vict., chap. 15, shall be so given by means of a guarantee assurance policy, a deposit in money or in debentuias approved by the Treasurer of the province and not other- wise : Nevertheless the securities already given under section p..oyi.o. 8 of the act 32 Vict., chap. 9, shall not be affected by the present act, and shall remain good and valid until the renewal thereof. a. The amounts or rates of premium payable on guaran- Premium, on tee assurance policies given up to date, in favor of theE^lu". Treasurer or which shall be so given in future, by the I'Hr' said public officers, shall be paid by the Treasurer who shall obtain receipts therefor and shall hand them over to each of the said officers respectively. 3. The sum so paid by the Treasurer, shall be deducted Sum. so p»id from the salaries of such officers, proportionately to the 'aS.'.' '"'' amount which shall have been paid for each of them. 4. In case a public officer who is bound to give security, om.er. wh« should not receive a salary payable by the G-overnmeiit, ra^aHe. fro. Qorernmant, 70 PUBLIC OFFICERS OF THE PROVINCE OF QUEBEC. he must, within the month after tne expiry of his assu rauce policy, transmit to the Treasury Department, a renewal receipt or a new guarantee policy, on pain of losing his office ipso facto at the expiration of such delay. Aoti repealed. 5f. Every act or portion thereof inconsistent with the provisions of the present act is repealed. 6. The present act shall come into force on the day of ts sanction » 43-44 VICTORIA. CHAPTER 19. ' An Act respecting public officers of the Province of Quebec. H {Assented to 24 llxis Act shall be given in ■ash leourity. the iollowing sums, tiiat is to say. SHERIFS AND CORONERS. "J ( As to Sheriffs see 86 Victoria, chapter 15, sec. 8. By the Coroner of the district of Quebec, in the sum of one thousand four hundred dollars,— by the Coroner of the district of Montreal, in a sum of one thousand four hundred dollars,— by the Coroner of the district of Three Rivers, in a sum of four hundred dollars,— by the Coroner of the district ofGaspe, in a sum of two hundred dollars, —and by the Coroner of the district of Saint-Francis, in a sum of iwo hundred dollars : 2. The amount of the security to be giv.u by the Amounts in Coroners, in the districts of Kamouraska and Ottawa, Tb^'LTby shall be fixed by the G-overnor, under chapter twelve "' ^*'*"'"" of the Consolidated Statutes of Canada, [no 32 Vict., cap. 9), as shall also the amount of such security to be given by Coron-rs in the New Districts ; but the amount of puch security in the New Districts shall not be greater than in those of Kamouraska and Ottawa ; 3. Every such security shall be to Our Sovereign The oondidon Lady the Queen, Her Heirs and Successors, and the con °ft;;"''"«°- dition shall be, that the Sheriff or Coroner, giving such security, shall well and truly demean himself in the execu- tion of all and every the duties of his office in civil ! natters, and shall duly pay over all moneys to be levied or re- ceived by him as Sheriff' or Coroner, (as the case may be) to all and every the persons lawfully enlitled to receive the same ; and such security shall avail to Her Majesty and to all persons whomsoever aggrieved by any breach of the condition aforesaid, or any part thereof. Sections 3, 4 and 5 refer to bonds, but security is now given under 42-48 Victoria, chap. 6. 6. Every person who presumes to perform any duty Penalty on per- belongingto the office of Sheriff" or Coroner, in civil ingXSe; matters, without having first given security as required by Serwuh- this Act and by chapter twelve of the Consolidated Statutes SenwouW- of Canada, {now 32 Vict., chap. 9), or who, having given such MAC H, 11^ It; , 74 SHEniFS AND CORONERS ' security, refuses or neglects to renew the same in any of the cases requiring such renewal, and continues to act as Sheriff or Coroner, in civil matters, after such refusal or neglect, shall be dismissed from the said office of Sheriff or Coroner, and shall forfeit and pay for the said offence a sum of two thousand dollars, to be recovered, with costs of suit, in the Superior Court for Lower Canada, by action of debt, bill, plaint or information ; one moiety ofv.'hich penalty shall go to Her Majesty, and the other moiety to the person suing for the same, within six months after the offence has been committed. Caies in which 7. When auy Sheriff Or Coroucr dics, is removed from, the guretiea . i • rr- t • i • i will be exone- or resigns hisofnce, and within the space of eighteen rated. months after such desth, removal or resignation, no mis- behaviour appears tc have been committed by such Sheriff^ or Coroner in the execution of his office then at the end of the said eighteen months the suretyship so entered into by his sureties shall become void and of no effect as to such sureties to all intents and purposes what- sover ; but such Sheriff or Coroner, his heirs, axecutors, administrators or curators, respectively, shall not be exonerated, if misbehaviour be afterwards discovered and established : Sureties to 2. Exccpt that Sureties of every such former Sheriff or remain bound . • for mnneya Coroiier shall remain bound and liable by virtue of, and to levied under judgments, the amouiit mentioned in the act of suretyship, for all moneys levied by such former Sheriff or Coroner, until the expiration of one entire year alter the date of the judg- ment by which such former Sheriff or Coroner, his heirs or legal representatives, are ordered to pay over the said moneys to the person or persons entitled to receive the same. Sheriffs, Ac, to 8. Every Sheriff or Corouer in Lower Canada and his provisions of surctics shall moreovcr be subject to all the provisions of Cons. Stat, of .11 1 P11/-1 t^^l1c^ n nt i Can„ oap, i2= sRid cnaiitcr tweive of the Consolidated Statute!, of Canadaj ' * SHERIFS ANH COBONEHS. 75 {now 32 Vict., chap. 9), in so far as such provisions apply to them and are not inconsistent with this act, and such pro- visions shall (in so far as aforesaid) be deemed additional to those of this act. sheriff's responsibility fou his deputies. 9. Every Sheriff or Coroner shall be responsible to all sheriffs. Ao., persons for the acts of his deputies, or other his servants, bio^'fortKot acting- under him, where such deputies or other servants,"^''""*''''""'"'' are of the appointment of the Sheriff : 2. And to this end, every Sheriff shall have the selection Biiiiiff, em- of all bailiffs, (huissiers) t® be employed by and to act foriSsYob» him in the several districts of Lower Canada, and eachtw^"^**^ Sheriff may appoint a deputy Sheriff, with all the powers and authorities which by his commission are vested in such Sheriff, to act as such deputy Sheriff, and assist the said Sheriff in the performance of the duties of his office ;of the Deputy and whose acts and returns, as such deputy Sheriff, shall ^^"'^' be taken and received in all Her Majesty's Courts of Law in Lower Canada, and be as leg-al and valid to all intents and effects, as the acts and returns of the Sheriff himself^ and for all the acts of such deputy Sheriff, the Sheriff so appointing him shall be and he is hereby declared to be in like manner responsible. Sections 10 to 15 inclusive do not refer to revenue. 1«. Every person who has been, or has acted as Sheriff Person, who or Coroner for any district, and the heirs, executors, cvi-lZlT&tll rators and other legal representatives of any such person, deldTof^llie shall forthwitti deliver and surrender unto the Sheriff of Ao^Se^' the same district, all deeds or acts of sale of lands and""" *'^'°** tenements, which have been made by such person as Sherifl or Coroner, or transmitted to him by his prede- cessor in office, and all writs, public books, registers and papers appertaining to the office of Sheriff or of Coroner fts the case may be, in matters of a cidl nature, in his or .'II ;' •>«'■ ilMri m f *,.. ;•• 76 SHEBIFS AND CORONERS. Penalty on rr fuisl. their posseseion, cusf'^ly or power, judgment of distribu- tion, receipts and vouchers for the payment of money and other legal acquit fances and dischar^-f^in ??nd rules for the discharge of prisoners always eycsipwtd,- -together with a list or inventory of such deeds or acts, writs, books, re- gisters and other papers ; dul} attested upon oath, by the perison, delivering the same. 2. And every person having been, or having acted as Sheriff or Coroner, and every heir, executor, curator, or other legal representative of such late Sheriff or Coroner, who refuses or wilfully neglects to deliver and surrender all such deeds or acts of sale, writs, books, registers, and other papers, with such list or inventory thereof, and is thereof lawfully convicted, shall forfeit and pay the sum of two thousand dollars, one moiety of which shall go to Her Majesty, Her Heirs and successors, and the other moiety to the person suing for the same. 17. Every SheriiFexhibiting the statements and accounts required of him by this act, who knowingly and wilfully swears falsely in any matter when an oath is by this act required, shall be liable to suffer, upon conviction thereof, the pains and penalties by law imposed for wilful and corrupt perjury. Disposal of 18. The Crown's shares of the fines and penalties levied "Crown's sharo _ «f fines. by virtue of this act shall be reserved for the public uses of the province and shall remain at the future disposal of the provincial parliament. Penalty for ewearing fal- sely. SAI.ARtE» AND FEES OF CERTAIN OFFICERS OP JUSTICE. 77 CONSOLT HATED STATUTES FOR LOWEB CANADA I CHAPTER 98. ; 4 An act respecting the salaries and fees of certain officers of Justice, TTER MAJESTY, by and with the advice and consent ^-*- of the Legislative Counet' i, are subject to the «"tain ofio'.M I 1 ... . -1 . . „ 'o form one proviMons and Innitannns made in she fourteenth HPction F"nd "ntii 1 fiH 1 as to the periodH d.irino: which they ^t 11 ret ectively be in force (ind otherwise. 3. All Salaries, ^''ees, Emolments and Pecuniary Profits whatsoever, attached under any authority whatsoever to the following offices, that is lo say ; First.— To the offices of ihv. Sheriffs of the districts of Quebec, Montreal, Three Kivers, . aint-Francis, Gasp§, Kamouraska and Ottawa ; Second —To the offices of the Prothonotarit d of the Superior Court in the said districts ; Third.— To the offices of the Clerks of the Circuit Court in and for e said distri( fg of Quebec, Montreal, Thrfe Rivers, St. Francis, Gaap^, Kamo^iraska and Ottawa, res- pectively. Fourth— To the offices of the Clerk, of the Crov^n in the disirici^ aforesaid ; Fifth. — 'io the offices of the Clerks of the Peace in the districts aforesaid ; Sixth.— To the office of the Clerk of the Court of Queen's Bench, called " The Clerk of Appeals ; " Shall, until the first day of January, one thousand eigi i>*C 78 BALAniES AND FKE8 OF CEHTAIN OFFICEnS OF JUSTICE. % To bo (inll«'I tlifl otBnerii d' Jimtico Fo6 Fund. hundred and sixty-one, form a special fund to be omployed as hereinal'ter appointed, but they shall nevertheless con- tinue to be and shall be demanded and collect >d by the officers aforesaid respectively, iu their respective districts or circuits. 4. All the salaries, foes, emoluments and pecuniary profits whatsoever attached to the officers above men* tioned, shall, until the first day of January, one thousar."'' eight hundred and sixty-one, form but one Fund, to 1^ ■\ called The 0(/icers of Justice Fee Fund Certain iau- Si. Out of the amouut collected in everv year of such ries to ba paid ■' •' 9utofit. Salaries, fees, emoluments and pecuniary profits of w^hat kind soever, attached to each of the aforesaid offices, the G-ovemor may, from time to time, assicrn to the seveial officers hereinafter mentioned, annual and fixed salaries not exceeding the amounts hereinafter limited with respect to the said officers respectively ; which salaries, the Governor may modify from time to time in any case or cases, subject to the limitation aforesaid, that is to say : Clerk of ap- ponU. IN THE COURT OF QUEEN's BENCH.. To the Clerk of the Court, called the Clerk of Appeals, a sum not exceeding two thousand dollars yearly. IN THE DISTRICT OF QUEBEC. Offloprfl in the To the Sheriff, a sum not exceeding three thousand six dintriotof Quebec. hundred dollars, yearly ; As amended hy 35 Vict., chap. 5, Sec. 22. To the Prothonotary of the Superior Court, a sum not exceeding three thousand dollars, yearly. To the Clerk of the Circuit Court, at the city of Quebec, a sura not exceeding one thousand six hxmdred dollars, yearly ; To the Clerk of the Crovrn, a sum not exceeding one thousand two hundred dollars, yearly ; 8Ar,AniK9 AND FEES OK CEHTAIN OF FICEn.4 OF JUSTICE. sum not exceeding two 79 To the Clerk of the Peace, a thousand doUars, yearly. IN THK DISTRICT OP MONTREAL. ' To th.> ShorifT, a sum not exceeding three thousand si'rc in di.tn.t of hundred dollars, yearly ; As amcmM by 35 Via. Chap 5 *'""""''• Sec. 22. To tl-eProthonotary of the Superior Court, a sura not exceedini- three thousand dollars, yearly ; To the Clerk of the Circuit Court, at the City of Montreal, a sum not exceeding one thousand six hundred dollars, yearly ; To the Clerk of the Crown, a sum no< exceeding one thousand two hundred dollars, yearly ; To the Clerk of the Peace, a sura not exceeding two thousand dollars, yearly ; IN THE DISTRICT OF THREE RIVERS. To the Sheriff, a sum not exceeding two thousand dollars, Dht.i.t of yearly • Three Uiv«r8. To the Prothonotary of the Superior Court, a sum not exceeding one thousand six hundred dollars, yearly ; To the Clerk of the Circuit Court at the City of ^hree Kivers, a sum net exceeding six hundred dollars, yearly ; To the Clerk of the Crown, a sura not exceeding six himdred dollars, yearly ; To the Clerk of the Peace; a sum not exceeding one thousand two hundred dollars, yearly ; IN THE DISTRtCT OF ST. FRANCIS. Frunois. To the Sheriff a sura not exceeding one thousand two n.fn.t of 3t. hundred dollars, yearly ; To the Prothonotary of the Superior Court, a sum not exceeding one thousand four hundred dollars, yearly ; To the Clerk of the Circuit Court, at the City of Sher- brooke, 0. sum not exceeding six hundred dollars, yearly ; Ib^ -f: I. g0 SALARIES AND PEES OF CERTAIN OFFICi.'RS OF JUSTICE. To the Clerk of the Crown, a sum not exceeding vwa hundred dollars, yearly ; To the Clerk of the Peace, a sum not exceeding six hundred dollars, yearly ; IN THE DISTRICT OF KAMOURASKA District of Kn- To the Sheriff, a sum not exceeding one thousand dollars, mouraslia. yearly ; To the Prothonotary of the Superior Court, a sum not exceeding eight hundred dollars, yearly ; To the Clerk of the Circuit Court, at t&e chef-lieu of the District of Kamouraska, a sum not exceeding four hundred dollars, yearly ; To the Clerk of the Crown, a sum not exceeding two hundred dollars, yearly ; To the Clerk of the Peace, a sum not exceeding six hundred dollars, yearly ; Distriot of Ottaira. ) . i Distriot of IN THE DISTRICT OF OTTAWA. To the Sheriff, a sum not exceeding one thousand dol- lars, yearly ; To the Prothonotary of the Superior Court, a sum not exceeding five hundred dollars, yearly ; To the Clerk of the Circuit Court, at the chef-lieu of the District of Ottawa, a sum not exceeding four hundred dollars, yearly ; * To the Clerk of the Crown, a sum not exceeding two hundred dollars, yearly ; To the Clerk of the Peace, a sum not exceeding six hundred dollars, yearly ; IN THE DISTRICT OF GASP£. To the Sheriff, a sum not exceeding one thousand dollars, yearly ; To the Prothonotary of the Superior Court, a sum not exceeding five hundred dollais, yearly ; SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. 81 To each of the Clerks of the Circuit Court at Perce and New Carlisle respectively, a sum not exceeding two hundred dollars, yearly ; To the Clerk of the Crown, a sum not exceeding one ' hundred dollars, yearly ; To the Clerk of the Peace, a sum not exceeding two hundred dollars, yearly ; 2. Except, that whenever any one of the offices herein- m oa,ethe after mentioned is held by two or more persons conjointly, iTZT^l'. the Governor may add to the salary which he is herein- a^.S" *""" before empowered to grant for such office, a further sum not exceedmg those hereinaf ar limited, that is to say. IN THE DISTRICT OF QUEBEC. To the office of Prothonotary of the Superior Court, am District of sum not exceedmg two thousand dollars, yearly ; ^"""'°- To the office of Clerk of the Circuit Court at the City of Quebec, a sum not exceeding four hundred dollars, yearly • To the office of Clerk of the Peace, a sum not exceeding eight hundred dollars, yearly ; IN THE DISTRICT OF MONTREAL. To the office of Prothonotary of the Sf perior Court, a m r>.tHot or sum not exceedmg two thousand dollars, yearly ; Montreal. To the office of Clerk of the Circuit Court of the Mon- treal Circuit, a sum not exceeding twelve hundred dollars yearly ; To the office of Clerk of the Peace, a sum not exceeding two thousand dollars, yearly ; Each of which said sums shall only form part of the B.t such addK salary attached to the office to which it is so granted sonSorn,, long as such office so continues to be held by more than .MKJit'ir'e one person as aforesaid ; and the Governor may apportion 1:1^^7 such mc/ease of salary among the persons conjointly hold- *"" ing and filling such office, in such manner as he deems expedient, having a due regard to the length of service of If ■S M :?'-4 ' ^2 SALAniES AND FEES OF CERTAIN OFFICERS OF JUSTICE. ea'h of the persons in the performance of the duties of auch office, or oi' a similar office in any other court in any other district. Reduetion in ©_ Whenever any two or more of the offices hereinbefore case any two •' or more offioea mentioned are at any time held and filled by the same are helii by "' •' the same persou, then the Governor may reduce and fix at such sum perion. ^ •' as he deems expedient, the united salaries of the said offices, and in such case, the sum so established shall form the whole of the salary which such person shall be entitled to receive by reason of the said offices so held and filled by him , and the remainder of the salaries assigned to the said offices, respectively, shall then form part of the fund hereinbefore mentioned. ■^■f I Criers to ooase 7. The Criers (includinff the deputy criers and tipstaffs) tu receive feel. \ n t- j r attached to the Court of Queen's Bench and to the Superic^- Court, in each of the districts above mentiaftesd, an-d to the Circuit Court at the chef-lieux above mentioned, or persons acting in that capacity in the said courts respectively, shall not be entitled to demand and receive for their own use and benefit, the salaries, fees, emoluments and pecuniary profits, allowed to or for the services of such Criers respec- tively; and the said salaries, fees, emoluments and pecu- Suoh fees to be niary profits, shall forr// part of the fund above mentioned, the Protho»o- and shall not be demanded and collected by the said Criers, but by the Prothonotaries or Clerks of the said courts, respectively ; Who are to ao- 2. The said Prothonotaries or Clerks shall account there- count therefor to the Minister for to the Minister of Finance (noiv the Provinciat-Trea- of Finance. ^ surer and pay over the amount thereof to the Receiver General {now the Provincial- Treasurer), in like manner and at the same time as they are required to account lor and pay over the fees, emoluments and pecuniary profits attached to their ownoffioes respectively. SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. S?j K Out of the amount annually collected oi the said fees, Crie« to r.- emoluments and pecuniar-^ profits so allowed for the said Ltril" "' Criers (including tW~feipstaffs) the Governor may assign an annual and fixed salary to each of the said Criers, and from time to time modify the same as he may deem expe- dient, which salary shall in no case exceed the sum of one thousand dollars ; 2. But the Governor may from time to time diminish or which ™.y be increase the salaries of the High Constables, Criers, Assis- dISher rant Criers, Tipstaffs, Gaolers, Turnkeys and Court-house Keepers attached to any of the said courts; provided no such salary shall in any case exceed the sum of one thous- and dollars, yearly. COMMISSIONS, PAYMENT OF SALARIES, SURPLUS OF FUNDS, &C. ». The said Public Officers shall respectively be enti- Officer's com- tkd for tbeir own use and benefit to a commission of ten '^ZZZt., per cent on the balance of the sums collected by them under this act aJVr deducting therefrom their fixed salary, the remuneration ^,f their deputies and Clerks, and the' salary of the said Crierg, whieh said commission may be charged and retained by tb#OT. Afecied by Stamp Act 27- 2: Vic'., chap. 5, sec. 7 an4$. Salaries and Fees ofcenain Officers of Justice. 10. The amount of such salaries, fees, emoluments and.saia,ie,of pecuniary profits of what kind soever, attached to the^tr^Ca aforesaid Offices, and forming the Fund so as aforesaid of tlV'Se^ai' created, collected from the tenth day of September, one'"'"' thousand eight hundred and fifty, to the thirty-first day of December, one thousand eight hundred and fifty-two, au4 and the amount of the said Fund for any subsequent period, shall be appropriated to the payment of the fii«d salaries assigned to the Officers above named, their Depu- ties and Clerks, and to the payment of such other sums us liM-- -t 84 SALARIES AND FEES OF CERTAfN OFFICERS OF JCSTICE'. are chargeable on th>^ said Fund; and the said salaries shall be paid by quarterly payments ; Surplus to 2. The surplus (if any there be at any time) of the said ConsoiTdated Fuud, after paying the salaries and other charges payable and de8oienoyoiit of the Same, shall form part of the Consolidated Reve^ to be paid out „,^. ... ,i .-ix-ii of it. rne of the Province ; and in case the said Fund at any time falls short of the amount of the said salaries and other charges on such Fund for the same period, the deficiency shall be paid out of the Consolidated Revenue Fund of the Province. ','<« m Additional falaries may also be paid out of suoh (urplua. Such addi- tional salary limited II. Out of any surplus of the said Fund remaining at the close of any quarter, after payment of the salaries assigned to all the said officers, and before such balance is paid over to the Consolidated Revenue Fund, the Grovernor may pay such additional sum as he deems just to any offi- cers employed in the administration of Justice in any of the Judicial Districts mentioned in the third section whose services have not, in the opinion of the Governor, been sufficiently remunerated during such quarter ; 2. Provided that in no case shall any such additional sum be paid to any officer who has received as a salary, or by fees, a sum of two hundred dollars, or more, for his services during such quarter ; and the additional payment or payments made to any such officer in the course of any one year, together with the salary or fees received by him during the same year, shall not exceed the sum of eight hundred dollars. M DEPUTIES AND CLERKS. Appointment f^. Each of the PubHc Officers, mentioned in the third I f ■Icpntiei and ihrir powers, scctiou of this act, who Is not otherwise by law obliged to have and appoint a Deputy, shall be obliged to have and appoint one to assist him in discharging the duties of his oilice, and shall appoint such Deputy by an mstrumenl!^ under his hand and seal ; and no provision in these Conso- SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. S5 d«- Jidated Statutes obliging like officers at other places to appoint deputies only wh.n necessary for the despatch of the business of their office.?, shall be construed to relieve the officers mentioned in /-wc.,^ ^„„u _„_i- - xtj 11. - . .„... .,i,,^„.,,.^ ^ax^n. suen uiucer Bnaii H: 86' SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. furnish every year to the Provinoial Secretary, and nftener if thereunto required, a list of the Deputies and Clerks employed by him ; and as regards their number and re- muneration, he shall conform to such instructions as may from time to time be transmitted to him in that behalf by the Provincial Secretary ; the amount of such remunera- tion shall be paid by such officer and by him entered under the head of expenses in the accounts rendered by him to the Minister of Finance [now Piovindfd-Treamrer.) ■';i ;., FEE FUNDS ESTABLISHED FOB THE OFFICERS OF JUSTICE^ IN THE NEW DISTRICTS — AND IN OTHER DISTRICTS AFTER liiT JANUARY, 1801. Feec, Ac, of 14. The fees and emoluments of office of the several thejudieial officers in the officers of the Superioi" Cou,rt, or of the Circuit Court at the New Districts to be funded. chef-Ueu including the Criers, Assistant-Criers, and Tip- staffs, Sheriffs, Coroners, Clerks of the Crown and of the Peace, in the New Districts, shall (except as hereinafter provided) be collected by such officers respectively and accounted for and paid over to the Receiver G-eneral (norv Provincial Treasurer) after deducting any contingencies authorized by the Lieutenant Governor in Council, in like manner and subject to the like provisions as are made by '.he foregoing sections with respect to the fees and emoluments of similar officers in other districts. Bxoaption ; 2. Except always, that the fees of the Criers, assistant fees of criers -, n\ n^ t t^ \ •ini how collected. Ctiers and Tipstaffs shall be received, collected, accounted for and paid over to the Receiver G-eneral, (noiv Provincial- Treasurer,) by the Prothonotaries or Clerks of the said courts respectively ; fiuehfeoso tbe 3. The Said fces and emolments collected in each such fumlad sepa-' ntniy for each District shall form a fund apart, to be called The District of Didriot : how to be applied. Officers of Justice Fee Fund, and shall be distributed among the said Officers of Justice in the District in the form of yearly salaries, or otherwise, in such proportions as the Governor in Council mav from time to time direct ; SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. 87 4. And upon and after the first day of January, oneQonerai Fund thousand eight hundred and sixty-one, the Fund consti- ooa'ie^'f'ter the tuted by the fourth section shall be abolished, and the fixed .isei"!^"? salaries allowed to certain officers of justice by the sections M"''trenr and preceding this, shall be discontinued, except only in the bii8hed"for'*' districts of Quebec and Montreal, mid the foregoing provi-^"" sions of this section shall thereafter apply to the officers of justice at the chef-lieu in every district in Lower Canada, except those of Quebec and Montreal ; -and the said pro- visions shall also apply to the officers of justice at the c/tf/s- ProyUioD as to Heux of the District of G-aspe, that is, to those of the'^"'^^' counties of Gaspe and Bonaventure, as the case may be, so long as separate judicial officers exist in each of those counties, and the fund in each of the said counties at the chefs-lieux shall be called " The County of G^aspe (or Bona- venture, as the case may be) officers of Justice Fee Fund," but this enactment shall not affi^ct the persons who were Exoeption in incumbents on the nineteenth day of May one thousand lerinoum-"' eight hundred and sixty, of the offices mentioned in the ""'"*'■ third section of this Act, who, so long as they hold such offices, shall continue to receive the salary assigned or to be assigned to them under the foregoing sections, but shall pay over and account for the fees received by them in the manner thereby and hereinafter prescribed ; 5. And the fees and emoluments collected by the Sheriffsurpius ef Fee of the District of Quebec or Montreal, by the Prothonotary be"o"aud°MMU of the Superior Court in either of those Districts, or by the pn df b™ d- Clerk of the Circuit Court for either of them, shall be paid '^^^t^ "^"^ over to the Receiver G-eneral {now the Provincial Trea- surer) and accounted for to the Minister of Finance {noio the Provincial Treasurer,) in like manner as in other districts, and any surplus thereof remaining after the payment of the salaries of the officers and the contingencies of those offices, shall at the close of every year, be paid over to the Sheriff, to form part of " The Building and Jury Fund " of ;!■ :f i-:.t- -■ the district ; and this provision s xpply also to the fees 'Ssmmm N': ^ »!•'! 88 SALAIIIES AND FEES OF CERTAIN OFFICERS OP JUSTICE. collected by the Clerk of the Crown and the Clerk of the Peace in those two Districts, if there be any excess of income over the expenditure of their respective offices. Governor in fS. Nolwithstaudinff the provisions of thenext preceding Council inuy exemptccrtain section, the officcrs to wMch it applies may, by order of the nfBoera from paying over Lieutenant Governor in Council, be exempted from paying- fees, or order » portion to bo over to the Receiver General, [now the Provincial- Treasurer) paid over. ^ ' the fees collected by them, on accounting to him for the same, but they shall pay over to the Receiver General (now the Provincial- Treasurer) snchpoTtion of those fees as may, by the order of the Lieutenant Governor in Council be from time to time directed to be so paid to meet any con- tingencies, or any portion of them that may by any such order be directed to be reserved to form part of " The Building and Jury Fund," in any District. Governor in 16* The Lieutenant Governor in Council may, from Connoil may fix amount to time to time, fix the amount that shall be paid to the be paid to Clerics of the Clerks of the Cvowu and Clerks of the Peace in all the Crown and Pencie in lieu Districts of Lowcr Canada, (except those of Quebec and of Fees. ' ^ ^ . ^ Montreal, to whom the enactments hereinbefore made res- pecting the remuneration shall continue to apply,) for services performed by them, and for and in lieu of fees payable to them by the Crown, and any amount so or- dered shall be paid accordingly. ACCOUNTS UNDER THIS ACT. Words " Saia- 17. The words " Salaries, 7ees, Emoluments and Pecu- riei, Fees, Ao." to in- niary Profits, or Fees and Emoluments " in the foregoing elude the Shu- ^■, ■, ■, n \ p i • riff'H oommis- see dons, sliall include for the purposes of this act, the sion. commission or remuneration of two and a half per cent or any ot.^er commission or remuneration which, under the laws now or then in force, the Sheriffs are authorized to charge upon and retain out of moneys levied by execution or otherwise, and also all other sums of money which the public officers aforesaid receive or may be entitled to re- SALARIES AND FEES OF CERTAIN OFFICERS OF JUSTICE. 89 ceive for their use and benefit by virtue of their respective offices and under any authority whatsoever. 2. And faithful and detailed accounts of such Salaries Accounts to be Fees, Emoluraents and Pecuniary Profits, and of the vari- "°"*"*"'' ous contigencies and charges payable out of the same, shall be rendered to the Minister of Finance (now Provincial Treasurer) and the moneys arising therefrom shall from time to time, be paid over by the officers authorized to collect the same, in such form and in conformity with such instructions as may from time to time be prescribed by the Minister of Finance (now Provincial Treasurer) ; 3. The accounts to be rendered to the Minister of Finance Account, to be • [now Provincial Treasurer), under this act, by any public atrSct^o officers therein mentioned, shall be by such officer sworn *" """ '" to as true and faithful, on oath to be taken before one of the Judges of the Superior Court. 4. The Minister of Finance (now Provincial Treasurer) Separate ac- shail keep separate and distinct accounts for each District Sl:[" ""'' of the Officers of Justice Fee-Fund for such District. LIEUTENANT GOVERNOR MAY MAKE TARIFFS,— GOUTS TO RETAIN POWER TO MAKE THEM FOR ATTORNEYS. IH. And whereas it is expedient to render the said offi- Governor may cers of Justice Fee Funds as nearly as practicable adequate Sl?:^'! to the payment of the salaries or allowances of all the offi-ralT-" cers connected with the administration of Justice in Lower """ ''""'•• Canada, which are to be provided for under thin act,— There fore the Lieutenant Governor in Council may make any taritr, or repeal, alter or amend any existing tariff of Fees to be paid to the Prothonotaries of the Superior Court and to the Clerks of the Circuit Court in Lower Canada, and shall have and exercise all the powers formerly vested in the Judges of the Superior Court as to such tarifl, but any such tariff in force when these Consolidated Statutes came into force shall remain in force until so repealed, altered or amended bv the Liei lant Grovernor in Cr iun( 90 BALAniES AND FEES OF CERTAIN OFFICERS OP JUSTICE. ift oorernor may 19 The power vestediii the Lieutenant Governor in Conn- nlio mnkfl tariffa for cer- cil bv the ut'xt preceding soctioii of this act, toniiike, alter or tain .)iner nffl- ' eer« n- well in repeal anv tariff of Fees for certain olficers of the Superior the now aa in the old Did- Court and Circuit Court shall extend to the making?, and tilota. to the altering or repealing of any tariff of Fees (whether established by Act of Parliament or otherwise) for the Clerk of Appeals, Sheriffs, Clerks of the Crown and of the Peace, Criers, Assistant-Criers, and Tipstaffs, and all other officers of Justice whoso fees are to form part of the officers of Justice Fee Funds established under this Act, as well in the New Districts as in the Districts of Quebec, Montreal, Three-Rivers, Saint Francis, Ottawa, Kamou- raska and Gaspe ; — and suchpower of the Lieutenant G-overnor in Council to make, alter or repeal, from time to time, any tariff" of Fees for any such officers res- pectively, shall extend to the making, altering or re- pealing, from time to time, of any tariff' of Fees fur Clerks, Criers, Assistant-Criers and Tipstaffs of the Circuit Court, at any place other than the chf-lieu in any District, although such fees are not to m ike part of any such Fund as aforesaid or to be paid over to the Receiver General {now Provincial Treasurer] ; — but any such tariff' of fees for the officers above mentioned in force when these Consolidated Statutes came into effect, shall continue in force unless and until repealed or altered by the Lieutenant Governor in Council, and shall apply to the like officers as well in the new as in the old Districts, but subject always to any alteration made by the Lieutenant Governor in Council. But Judges to 20. None of the foregoing provisions shall extend or be make°trritf3 ofcoustrued to cxteud to deprive the above mentioned Courts ney^s.Ao. ""^of Justice Or the Judges threof, of the power possessed by them, or to relieve them from the obligation imposed on them by the laws of Lower Canada, to make and establish, from time to time, tariff's of Fees for the Counsel, Advocates SALARIES AND FKES OF 'KRTAIN OITrOERS OF JUSTICE. 9| and Attorneys pra.iisii nier.-i,,, and from time to time, as need may be, to .,, or amend sneh tarffs. COMMISSION ON M0> YS OOLLKOTED UNDER THE ACT 12 VIC'l .RIA, CHAPTER 112. 2t. The Lieu, uii .t Go ^tn.ior in Council shall have full Aiir^anoMo power and authority to gran^ and -^"ow to the Prothonotary, S'e.SoUni" Clerk, Registrar, Sheriff or tficei .(horized to collect and '^^'vict. o"p/ receive the duty or tax imposed by the Act passed in the ^''* twelfth year of Her xMajesty's Reign, and intituled : An Act to make provision for the erection or repair of Court Houses and Gaols at certain places in Low Canada, or imposed at any time by any order or orde,. in Council under the authority of the said Act, upon the proceedings matters and things in and by the said act declared to be liable to such duty or tax, such sura for collecting and receiving the said duty or tax as to the Lieutenant Governor in Council seems just and reasonable, provided such allow- ance shall not exceed the rate of two and a half per cen- turn on the amount of such duty or tax so collected and received. Afecled by 27-28 Victoria, chapter 5, sees. TandS. 2a, Sa and 584. Repealed by 32 Vic, cap. 27, sec. 31. as. This section has now no application as sections 22, 23 and 24 are repealed. ^%ti^ ■I ¥ {The Quebec License Law oflSIS, consolidated with amend- ments up to the mh June 1881, loilt be found in the appendix to this Pamphlet.} A IMAGE EVALUATION TEST TARGET (MT-S) fe A A .^t" ,,•%' :/. 1.0 I.I '- IIIIM S 1^ 1 2.0 M 2.2 IL25 ill 1.4 6" 1= 1.6 V] <^ /. "3 '-r^'' ^"^4 "^l > > '*# ^V''? t/^^ PJiotDgraphic Sciences Corporation 23 WEST MAIN STREET WECSTER,N.Y. 14580 (716) 87!2-4S03 A^ *^ N> .A %> % w %^-.. <^ o S>"^%^ ,^aS' ,. C^ % U.x <^ 92 QUEBEC LICENSE LAW OF 1878. 1^ AMENDMENT OF QUEBEC LICENSE LAW OF 1878. 46 VICTORIA. CHAPTER 9. An Act to amend the Quebec License Law of 1878, (41 Victoria, chapter 3). [Assented to 21ih Mav, 1882.] TTER MAJESTY, by and with the advice and con- -*--■- sent of the Legislature of Quebec, enacts as fol- lows ; 41 Vie. ch. 3, I.Section 2 oftheQuebeo License Law^ of 1878, (41 Victoria. ■ec. 2, amend- » \ » ed. chapter 3,) is amended by adding thereto after the word : " persons," in the first line thereof the words : " corpora- tions or clubs." Id. «8o.92,re- 2. Section 9:? of the said law is repealed and the folio w- placed. . . * ing section is substituted therefor : Sale of liquors " 92 lutox'cating Houors shall not be sold in any inn prohibited on ^ x j certain days or restaurant at any place in the province, or in anv ana during eer •/ -^ r i j tain hours, tavern at the gold mines, on each and every day of the week from midnight until five o'clock in the morning, nor during the v/hole of each and every Sunday in the year, unless on a special demand for medicinal purposes, signed by a medical practitioner, or by a justice of the peace, and produced by the purchaser. Liquors no tto " Thc Hquors SO sold ou special demand, shall not be- be drunk on the promises, drunk ou the premises Bars to be clo- '«d- " Durin-T the times when the sale of liquors is prohibited all the bars shall be kept closed." 41 vio., <.h. 3, 3. Section 94 of the said law is repealed and renlaced •eo. 94,aniejad- ^ ed. by the following : Fine*. " 94. Every contravention of the articles, from article 81 to 91 inclusively, or of article 93, is punifihabb by a fine SELLING iNTbXlCANTS TO INDlANg. gg; of not less than ten dollars nor mora than fifiy dollars, in the discretion of the tribunal. " Every contravention of article 92 is punishable by a fine of r.ot less than thirty dollars nor more tiian seventy- five dollars in the discretion of the tribunal, and in default of payment of such fine, by imprisonment for a period not exceeding three months in the common gaol of the district in which the said infringement hap occurred." 4. No offender against the provisions of section 92 oftheOneoondemna- Quebec license law of 1878, as amended by this act, or of oneoi"nL " the act 42-43 Victoria, chapter 4, shall be liable to more than one condemnation for one and the same offence. 5. Section 47 of the act 43-44 Victoria, chapter 11, to 43-44 vic, eh. amend the Quebec License Law of 1878, is amended bylmendrd. ^^' striking out, in the fourth line, the words : " in such dis- trict or mining division," and substituting therefor the words : " within a radius of seven miles from any mine that is being worked." O. This act shall come into force on the day of its eanc- A«t in fore tion. DOMINION STATUTE. 43 VICTORIA. CHAPTER 28. / An Act to amend and consolidate the laws respecting Indians. {Assented to 1th May, 1880.) XT ER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : a. The following terms contained in this Act shall be Meaning. «- held to have the meaning hereinafter assigned to them, '''*°*"^ *" <;■ ** ;. j-*' HI' i {I ■ 9^4 SELLING INTOXICANTS TO INDIANS. ^% ■ # term, in this x;riless such meaning be repugnant to the subject or incon- sistent with the context : — Indian. 3. The term " Indian " means — First. Any male person of Indian blood reputed to belong to a particular band ; Secondly. Any child of such person ; » Thirdly, Any woman who is or was lawfully married to such person. Intoxioants. 9. The term " intoxicants " means and includes all spirits, strong waters, spirituous liquors, wines or fer- mented or compounded liquors, or intoxicating drink of any kind whatsover, and any intoxicating liquor or fluid, as also opium and any preparation thereof, whether liquid or solid, and any other intoxicating drug or substance, and tobacco or tea mixed or compounded or impregnated with opium or trith other intoxicating drugs, spirits or substances and whether the same or any of them be liquid or solid. Punishment 00. Whoevcr sclls, exchaugcs with, barters, supplies or for furnifchiug intoxinants gives to auy Indian or non-treaty Indian in Canada, any to Indians. i • i r. • • kind 01 intoxicant, or causes or procures the same to be done, or connives or attempts thereat, or opens or keeps, or causes to be opened or kept on any reserve or special re- serve, a tavern, house or building where any intoxicant is sold, bartered, exchanged or given, or is found in posses- sion of any intoxicant in the house, tent, wigwam or place of abode of any Indian or non-treaty Indian, or of any per- son, or upon any other part of the reserve or special reserve, or sells, exchanges with, baaters, supplies, or gives to any person, on any reserve or special reserve, any kind of intoxi- cant shall on conviction thereof befora any judge, Stipendiary Magistrate or two justices of the peace, upon the evidence of one credible witness other than the informer or prosecutor, or in the Province ol Manitoba, in the District of Keewatin, in ^he North- West Territories or in the Province of British SELLING INTOXICANTS TO INDIANS. u Columoia, upon the evidence of the ir. former alone if he be a credible person, be liable to imprisonment for a period not less than one month nor exceeding sin months, with or without hard labour ; or be fined not less ! han fifty nor more than three hundred dollars, with costs of prosecution,— one moiety of the fine to go to the informer or prosecutor, and Penalties and' the other moiety to Her Majesty, to form part of the fund Uot ''''^"'"* for the benefit oi that body of Indians or non-treaty Indians, wuth respect to one or more members of which the offence was committed, or he shall be liable to both fine and im- prisonment in the discretion of the convicting judge, Sti- pendiary Magistrate or justices of the peace; a^ 1 the com-., J . Of command- mander or person in charge of any steamer or other vesspl «"•"" vessels 1 , p »-'oaci, p^ board of or boat, trom or on board of which any intoxicant has been ''^'"'^ ""' sold, bartered, exchanged, supplied or given to any Indian *'"''''''''^''- or non-treaty Indian, shall be liable, on conviction thereof before any judge, Stipendiary Magistrate or two justjr .. of the peace, upon the evidence of one credible witness other than the informer or prosecutor, or in the Province of Ma- nitoba, in the District of Keewatin, in the North- West Territories or in the Province of British Columbia, upon the evidence of the informer alone if he be a credible person, to be fined not less than fifty nor exceeding three hundred ^ . • •,,,,. 1 ^ m "' ^* "^"^ Penalties and dollars lor each such offence, with costs of prosecution,— '!'"''' "'Pp'*''*' the moieties of the fine to be applicable as hereinbefore""" mentioned ; and in default of immediate payment of such fine and costs any person so fined shall be committed to rmprisonment any common gaol, house of correction, lock-up or other p"yS.'"^ place of confinement by the judge. Stipendiary Magistrate or two justices of the peace before whom the conviction has taken place, for a period of not less than one nor more than six months, with or without hard labour, or until such fine and costs are paid ; and any Indian or non-treaty In- dian who makes or manufactures any intoxicant, or who p, , • , , , Has in his possession, or concealed, or who sells exchano^s ■"'^''"'' '"*''■ ... , ' ' "o'^' ing ur haviug with, barters, supplies or gives to any other Indian or non- lelun^'thl'' "' t,. -< ii. HI ri , r 96 SELLING INTOXICANTS TO INDIANS. .r-% «ame to other treatv Indian in Canada any kind of intoxicant, shall, on Indians. ' _ •' conviction thereof, before any judge. Stipendiary Magis- trate or two justices of the peace, upon the evidence of one credible witness other than the informer or prosecutor, or in the Province of Manitoba, in the District of Keewatin, in the North- West Territories, or in the Province of British Columbia, upon the evidence of the informer alone if he be a credible person, be liable to imprisonment for a period of not less than one month nor more than six months, vv^ith or Fine or impri- without hard labour, or a fine of not less than twenty-five fonment, or both, or more than one hundred dollars, or to both fine and im- prisonment in the discretion of the convicting judge. Sti- pendiary Magistrate or justices of the peace ; and in all cases arising under this section, Indians or non-treaty In- dians shall be competent witnesses ; but no penalty shall be incurred in case of sickness where the intoxicant is made uso of under the sanction of a medical man or under the directions of a minister of religion. As amended by 44 Vic, cap. 17, sec. 10. Evidence of Indians. Proviso. Keg, eta,, in which ntoxi- oants are carried to be forfeited. Intoxicants and vessels containing them may be searched for, seized and destroyed by order of J. P. 91. The keg, barrel, case, box, package or receptacle whence any intoxicant has been sold, exchanged, bartered, supplied or given, and as well that in which the original supply was contained as the vessel wherein any portion of such original supply was supplied as aforesaid, and the re- mainder of the contents thereof, if such barrel, keg, case, box, package, receptacle or vessel aforesaid respectively, can be identified, — and any intoxicant imported or manu- factured or brought into and upon any reserve or special reserve, or into the house, tent, wigwam or place of abode, or on the person of any Indian or non-treaty Indian, or suspeci ed to be upon any reserve or special reserve, may upon a search warrant in that behalf being granted by any Judge, stipendiary magistrate or Justice of the Peace, be searched for, and if found seized by any Indian superintendent, agent or bailiff*, or other oflGiCfcr connected with the Indian De- THE LAWS RESPECTING INDIANS. 97 partment. or by any constable wheresoever found on 8U< h land or in such place or on the person of such Indian or nontreaty Indian; and on complaint before any judge, Stipendiary Magistrate or justice of the peace, he may, on the evidence of any credible witness that this Act has been contravened in respect thereof, de Clare the same forfeited, and cause the same to be forth- with destroyed ; and may condemn the Indian or other person in whose possession they were found to pay a penalty not exceeding one hundred dollars nor less than fifty dollars, and the costs of prosecution; and one-half of P"""-"- '" such penalty shall belong to the prosecutor and the other '^-"heT":" half to Her Majesty, for the purposes hereinbefore men- '«" -u^*"' tioned; and in default of immediate payment, the offender'*'^"™*'*"" may be committed to any common gaol, house of correction '^nZZnlT lock-up or other place of confinement, with or without "''""' hard labour, for any time not exceeding six nor less than two months, unless such fine and costs are sooner paid. As amended by 44 Vict,, cap. 17, sec. 11. 9-2. When it is proved before any judge. Stipendiary ve^eu used Magistrate or two justices of the peace that any vessel, XTi i„ boat, canoe or conveyance of any description upon the sea ^f th-ri?'' or sea coast, or upon any river, lake or stream in Canada, LtSand IS employed in carrying any intoxicant, to be supplied to^""^"*""- Indians or non-treaty Indians, such vessel, boat, canoe or conveyance so employed may be seized and declared for- feited, as in the next preceding section, and sold, and the proceeds thereof paid to Her Majesty lor the purposes hereinbefore mentioned. 93. Every article, chattel, commodity or thing in the A-tice. purchase, acquisition, exchange, trade or barter of which SK '" m contravention of this Act, the consideration, either anYforfS* wholly or in part, may be any intoxicant, shall be forfeited to Her Majesty and shall be seized as in the ninety-first section in respect to any receptacle of any intoxicant, and 'a' 'y. fi 98 THE LAWS nESPECTINO INDIANS. may bo sold, and the proceeds thereof paid to Hev Majesty for the purposes hereinbefore mentioned. II , H CONSOLIDATED STATUTES OF CANADA CHAPTER 61. An Act respecting pawnbrokers and pawnbroking. ER MAJESTY, by and with the advice and consent Pawnbrokeri' ratet. of the Legislative Council and Assembly of Canada, enact e as follows : PAWNBROKERS. 80. Every pawnbroker may take the following rates above the principal sum advanced, before he is o1)liged to redeliver the goods pawned, that is to say, for every pledge upon which there has been lent notexceed- ing fifty cents, the sura of one-half-peiiny (or « of a cent) for any time not exceeding one month, and the same for every month afterwards, including the current month in which the pledge is redeemed, although such month has not expired ; and so on progressively and in the same proportion for every sum of fifty cents up to twenty dol- lars. When the sum II. "When the sum lent exceeds twenty dollars, the $20.00. pawnbroker may take upon all beyond that amount after the rate of live cents for every four dollars by the month, and so on in proportion for any fractional sums. i*2. Such sums respectively shall be in lien of and taken as a full satisfaction for all interest due and charges for warehouse room. Which shall cover ware- house room. Time when 13. The party entitled to and applying for tlie redemp- ftnd terms on . , which pnwns tiou of ffoods pawucd, within fourteen days from the end redeemable. ° of the first month after the same were pledged, may tes. TAWNEnoKEnS. redeem such goods upon payin^r the rate or profit payable for one month and a-half, hut if redeemed after the expi- ration of the first fourteen days, and before the end of the said second month, the pawnbroker may tak. a rate or ' profit cf the whoh^ second month, and the like regulation and restriction shall take place in every subsequent month whertm application is made for redeeming goods pawned. 14. In all cases were the lowest fraction of th.. sum to Fraction, bereceiredby any pawnbroker from persons offorinn- to redeem goods is less than one half-penny (or t of a cent) the pawnbroker may receive one-half penny (or t of acent) for the said fraction from the person redeeming the goods. 94. If any person counterfeits, forges, or alters any note Forgingpaw„ or memorandum given by a pawnbroker for goods pled -ed £'""""' "'"" or causes or procures the- same to be done, or utters, vends' or sells such note or memorondum, knowi.ig the same to be counterfeited, forged or altered, with intent to defraud any person, such offender shall be punished as hereafter mentioned. 2«. In case any note or memorandum aforesaid is Person, , u,- uttered, shown or offered to any person, and such person S-..;?^- has reason to suspect that the same has been forged he'""""' may seize the person offering the same, and deliver'him to a baihfi or constable, who shall convey him before some justice of the place where the offence has been committed or nearest thereto, and if upon examination it appears to the satisfaction of such justice that such person is guilty he shall commit him to the common gaol of the district or county for any time not exceeding three months. 9©. If any person offers to any pawnbroker, by way of Con,eq„ence, pawn or pledge, or of exchange or sale, any goods, and isl^ernf.?^ not able or refuses to give a satisfactory account of himself f^tptr^. or of the means whereby he became possessed of the goods, or wilfully gives any false information to the pawnbroker 99 "til i 100 PAWNnnoKERS. ir a J. p. am jiect grod? to hnve beon tlulen. m :4/ or his servant as to whether snch goods are his own property or not, or as to his name and place of abode or as to the owner of the goods, or if there is any other reason to suspect that such goods have been stolen or otherwise illegally or clandestinely obtained, or if any person not entitled, nor having any color of title by law ta redeem goods tliat have been pawned shall attempt to redeem, the person to whom the goods first above mentioned are oftered to be pawned or to whom the offer to redeem the goods in pawn is made, may eeize and detain Jhe person offering to pawn and the goods offered to be pawned, or the person 11c ring to redeem as aforesaid, and shall couA'ey such person and the goods offered to be pawned, or the person offering to redeem, and immediately deliver the person so offering to patvn and the goods offered to be pawned, or the person so offering to redeem, into the custody of a peace officer or constable, who shall, as soon as may be, convey such person and goods, or such person, as the case may be, before a justice of the district or county. 27. If such justice, upon examination and inquiry, has cAuse to suspect that the ^aid goods have been stolen or illegally or clandestinely obtained, or that the person offering to redeem hath not any pretence or color of right so to do, he shall commit the offender into safe custody for such reasonable time as may be necessary for obtaining^ proper information in order to be further examined, and if upon either examination it appears to Ihe satisfaction of the justice that the said goods were stolen or illegally or clandestinely obtained, or that the person offering to redeem had not any pretence or color of right so to du, he shall, unless the otfcnce authorizes such commitment by any other law, commit the offender to the common gaol of the district or county where the offence was committed for any time not exceeding three months. MUNICIPAL CODE OF THE PROVINCE OF OUEBEC. 84 VICTORIA CHAPTER 88. Municipal Code of the Province of Quebec. [AssetUed to Hlk December, 1870.] "Y^ HERE AS there exists in relation to municipalities a great number of statutes, from the multiplicity of which grave inconveniences result, and it is consequently expedient to consolidate, amend and arrange in methodical order, in one and the same code, the municipal laws of this Province; Therefore, Her Majesty, by and with the advice And consent of the Legislature of Quebec, declares and enacts as follows : BOOK SECOND, TITLE FIRST, CHAPTER FOURTH. BY-LAWS SPECIALLY WITHIN THE .TURISDICTION OP LOCAL COU.VCILS. «3.X Every local council may further make, amend or repeal by-laws for each of the objects mentioned in this chapter : Section V. Sale of Inloxicating Liquors. § r. Prohibilionofthe Sale of Intoxicaling Liquors. 561. To prohibit the sale of intoxicating liquors in quantities less than three gallons, or one dozen bottles of at least three half pints each, at one and the same time, and the granting of licenses therefor, within the limits of the municipality and on the ferries which are dependeu- cies of such municipality. aWa. To prohibit childen or apprentices from frequent- 101 1l I Hi 102 MUNICIPAL CODE OK THK PHOVINCE OK Q' K"E(*. Inj/r liivoriin, hot«'lH, rcHtaurants and sloroH. in wlii'^h are retuilt'd intoxicating liquorH. {Added />w 41 Vii: , c. IS, h. 22.) iiCi*2. Every by-luw made in virtue of the prett-ding' article, whetluT lor prn'nihiting the sale of intoxicating licpiors and the issue of licenses therefor, or for repealing any such prohibitory by-law, only (lomos into force from the liist day of the month of May which folloWB its pro- mulgation, i)rovided alv^'ays that before sTU-h period an nullientic copy thereof has been sent to the collector of inland revenue (nov> the License InH/jec ur) ol the district. liitl^. The collector of inland revenue [now (he License Lnpedor) of the district cannot, so long as such by-law remains in forcje, issuer licenses, authorizing the vending or retailing of intoxicating liquors in a quantity less than three gallons, or a dozen bottles of at least three half pints each, at one and the siime time, in any inn, tavern, or other house or place of public entertainment, store, shop, or other locailty whatsoever in the municipality. •101 If a prohiliitory by-law has been annulled, the collector of inland revenue {now (he Licence Inspector) can- not, withn two months from the date of such judgment, grant any license, the issue of which the council prohi- bited or had the intention of prohibiting by siich by-law so annulled. During such interval, the council which passed the by- law so repealed, may make and put in force, according to the ordinary rules, another by-law for the same purpose, and send a copy thereof to the collector of inland revenue {now the License Inspector) of the district. 5. To restrict t!ie storage of gunpowder, or any other explosive substance, in quantities of twenty-five pounds or mor.', to certain limits within the municipality. 576. To provide that any gunpowder or other explosive substance, which is kept in a less quantity than twenty, five pounds, be placed in tin, lead or copper boxes. ii?7. To cause to be removed or confiscated any gun- powder or explosive substance, kept or conveyed contrary to municipal by-laws. 578. The m micipal by-laws respecting the storage and conveyance of gunpowder, do not apply to Her Majesty's magazines or ammunition. 105 1 'I If "■ it '" 106 STAMPS ON LAW PROCEEDINriS AND REGISTRATIONS. 27-28 VICTORIA.. CHAPTER 0. n -'i 1 I,,. Preamble. An Act for the collection by means of stamps, of Fees of office, dues and duties paj-able to the rirown upon Law Proceedin and wilfully violated, the app.- Mion shall on payment of costs be granted for the duly stamping of such matter or proceeding with stamps of such amount beyond the fee due theroon as may be thought reasonable, not ex- h '■% 'I I* ^ li * 110 STAMPS OX r,.\W PROCEEDINGS AND REGISTRATIONS. Bt Uotroantivo effect of (irder Stnmpfl used to bo . The affixing of such stamp or stamps, under any order made for that purpose, shall have the same effect as if the said matter or proceeding had been duly stamped in the first instance. 20 lu every case in which a stamp or stamps has or beu^edn"gLin'^^^'® "^^'^''^^^"^^ct, been attached to or impressed upon any matter or proceeding, it shall be the duty of the officer who may issue or who may receive such matter or proceed- ing, forthwith upon the issue or upon the receipt thereof, to cancel the same by writing or stamping or improssii'g in ink on such stamp his name and the date thereof, so as effectually to obliterate and cancel the stamp, and so as not to admit of its being used again. Peosorduesto ^M. All fees now payable or hereafter at any time to be- the Crown in- j ^ crcMisedin coi-come pnyaMe shall, after the passing of this act, or after they shall become payable, be at the followino- rates: all such fees up to ten cents shall be made and paid, at ten cents; all from ten cents to twenty cents, at twenty cents all from twenty cents to thirty cents, at thirty cents ; and so in like manner all other fees which are not multiples of ten. cents, shall be stated and payable at the multiple of ten cents next above the sum at which they are so stated. The remaining part of this section refers to Ontario, S*.i. and 5^3. Repealed by 43-44 Vic, cap. 9 sec 1 8. Allowanoa to bo made to purchasers. tJG. The Receiver G-eneral {now the Provinr.iat Treasvrer) shall, subject to the provisions hereinafter contained, allow to any person who takes at any one time stamps to the amount of five dollars or upwards discount at the rate of five per centum. Governor may 'J,!. The Lieuteuaut Governor by order in Council mav maki! liny ))or- •' ""Ji son Eiiie vendor 'aowever if he deems it expedient to do so, make arrauije- STAMPS ON r.AW moCEEDlNGS AND REGISTRATIONS. Ill ment with any particular person or persons, for the sole of sfa,,,,,, u. sale of stamps to him or them in any locality, and for such '"' '""''"'" time as maybe thought expedient, at any rate of discount, not exceeding however the rate above stated, and in such ' case, the Receiver General {mm (he Provincial Treasm-er) shall not issue any stamps to any other person or persons in the locality specified in such order in Council. 9'fi. In case an arrangement is so made with any person Obligation, of or persons for the issue of stamps, as under the next pj.g/""'' p-«°-- ceding section mentioned, each such person shall bo l)ound at all times to keep on hand such a supply of the different kinds of stamps,during the time for which the arrangement lasts, as maybe reasonably expected to be required of him and he shall be bound to sell the same to all persons who may demnnd the snme upon payment to him of the amount or value of such stamps ; and in case of any violation of any Po.nity for duty imposed by this section, he shall forfeit ns a penalty ""■""""""• to Her Majesty a sum not exceeding twenty dollars, and shall further be liable for the damnges sustained by any party through such violation of duty. ^^. The Lieutenant Governor in Council may, from Anow:,nce for time to time, make such regulations as may be thoue-ht '"""'" 'P"J''"' '- J ' '- """■'^!-'^'- or returned. expedient, for an allowance for such stamps issued under this Act as may have been spoiled or rendered useless, Oj. unlit for the purpose intended, or for which the owner may have no imm(>diate use, or which tlirough mistake or inad- vertance may iiave ])een improperly or unnecessarily used ; and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed for, or l)y repaying tlie amount or value to the owner or holder tliereof, alter deducting the discount (if any), allowed on the sale of stamps of tiie like amount. S*", In cas.> it may be necessary to distinguish the As to ..tamp stamps which are issued for anv .■^ncrifll (Si„ri .-,.- r-.^w,,,..., '■■'•'"<:'',f^''- any ior any special fund or purpose ^p'ociai turd, or r l".- M •i II u IT r 112 STAMPS ON LAW PnOCEEDlNGS AND REOISTnATIONS. from those which are applicable to the Consolidated Reve- nue of the Province, the Lieutenant Governor may, by order in Council, direct such distinction to be made and observed in such manner, and from and by such means or differences in the lettering ov numbering, or in the colour or form or otherwise of the stamp, as ho may find or consider it to be necessary or expedient. Penalty for ig- • uiDg, ito., any 29. Every person who shall knowingly issue, or shall reedi'ngd'th- ^^^owingly receive, procure or deliver, or who shall know- dui/8Um*^pid. *"^^y ^'^^^'^ °^ execute any writ, rule, order, matter or pro- ceeding upon which any fee is due or payable to the Crown as aforesaid, without the same being first duly stamped under this Act, for the fee payable thereon, shall be subject for the first offence, to a fine not exceeding ten dollars, for the second offence to a fine not exceeding fifty dollars, and for the third and every subsequent offence to a fine of two hundred dollars; and in default of payment of such fines to an imprisonment not exceeding one month for the first offence, three months for the second offence and one year for the third and any subsequent offence. For not pro- 30. Every person who shall fail or omit to obliterate pcrly obliter- , • ,i i , i • , Bting stampF. aud caucel any stamp, in the ni inner and at the time here- inbefore provided, shall be subject to a fine not exceeding twenty dollars, and in default of payment thereof, to im- prisonment for a period not exceeding two months. Appiiofction of 31. All fines imposed by this Act shall be paid to the Receiver General, (noio the Provincial Treasurer) for the general uses of the Province, and shall be reco- vered before any Court having competent jurisdiction to the amount, at the instance of Her Majesty's Attorney General ; and the production of any such Proof in «uiu Writ, rule, order, matter or proceeding unstamped, or stamped for too low and insufficient a sum, or the stamp of which is not properly and sufficiently oblite STAMPS ON LAW PROCEBDINGS AND REfilSTHATION. H^ rated and cancelled, or the proof of any such writ, rule, order, matter or proceeding having been unstamped or not sufficiently stamped at the time when it was so issued or received, or served or executed as aforesaid, or of the stamp not having been properly and sufficiently oblite- rated and cancelled, shall be sufficient ;^mrf facte evidence of such writ, rule, order, matter or proceeding having been knowingly or wilfully so issued or received, or served or executed without being or having been first stamped or without the stamp having been properly and sufficiently obliterated and cancelled. ti^Aol^irf " '""''"''"' ''^"^ ^*^"^'' ^^^"^^ ""^- ^--„, this Act, shall be iorgery, and shall be punishable as such ; 'rZ^-^sil and the using again or re-issuing of any stamp which has^nrbV . betore been used, or which has been obliterated and can- "'""'"'"'"""''• celled as for a new and valid stamp, shall be a misde- meanor, punishable by fine not exceeding fifty dollars or by imprisonment not exceeding two months, or by both at the discretion of the Court. See 32-33 Vic, Canada, cap. 19. sec. 14, as to forging stamps. 33. Refers to Ontario. I 43-44 VICTORIA. CHAPTER 9. An Act to amend and consolidate the diflferent Acts therein mentioned in reference to stamps. {Assented to 2itk July, 1880.) JTER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows ; 1. The words: "revenue" and "revenue officer" in „,„,.,., this Act, have the meaning and extent assigned to them 'J^^. .^d'"- I , .^vp^xcuicut act, Si VIC, cap. 9, sec. 1. o oer. "T€Sttc uffl- 114 STAMPS ON LAW PnoCLUOINliS AND niroiSTnATIOST. 27-28 vjoi. a. The words: '-stamps" or "stamp" or" stamped «»p. s, *' I 'J ties " «nd " duty." paper " refer to and include all stamps or stamped i)aper, issued in respect to matters, subject to the control ot thi» Legislature, under chapter five oi" the Statutes of the late Province of Canada, paused in the session held in the twenty-seventh and twenty-eighth years of Her Majesty's Keign, and intituled : '''^ An Act for the cnlleetion by mean* of stamps, of fees of oliice, dues and duties payable to the Crown i\pon law proceedings and registrations,"-— or tinder this act or any act of this Legislature,— or under any order in Council of the Governor of the said late Province, or of the Lieutenant Governor of this Province founded on or recognized by t'le said Acts or any thereof. Application of 3. The words : " duties " or " duty " refer to, and include words " du- all fees, dues, duties, taxes and charges, in respect of mat- ters subject to the control of this Legislature, and which under the term ; " lees " or otherwise, are within the pur- view of the said Act of the late Province of Canada, — and all money payments, which, under any Act, order in Council; or other authority, are due or payable to or through any public department or officer, by reason of any matter, subject to the control of this Legislature, and which under any Act or Order in Council, are or may be collected or paid by means of stamps, -and all revenue whatever which under any Act or Order in Council, is or may be so collected or paid. 2. And all such duties are and shall be deemed to be payable to the Crown. 4. The words : " instrument requiring to be stamj^ed " refer to, and include all matters, proceedings, memoranda, deeds, instruments, documents, and papers of whatever kind, subject to the control of this Legislature, and which Under the said Act of the late Province of Canada or under this Act, or under any Order in Council, founded on, or recognized by either of such Acts, require to have any Dutif'spnyable to the Crown. Afeaning of etpressinn '■ instrument to be sfnmn- ed. STAMPS ON UVV PnoCEEntNr.S AND nEC.lSTnATION. 115 »'t'.np attached thereto or impressed there„n,-and also ^^11 lotters-patent. commissions, licenses, certificates and instruments whatever, whether originals, exemplincations or copies, which, under this Act or any Act of this Legis- iature. or under any Order in Council founded on, or recog. nized by «„ch Act. require to have any stamp attached thereto or impressed thereon. S. The words: "officer subject to this Act," refer to Application of and include every officer, having any charge .s to matters -XrVr subject to the control of this Legislature, and who, underS"""' the name of •' officer," or otherwise is within the purview of the said Act of the late Province of Canada, and every revenue officer having any Junction to discharge in refe- rence to any stamps, and every person having any such function, in virtue of any Act of this Legislature or of any order of the Lieutenant Governor in Council. «. No certificate of the regist^ tionofanv deed, instru- Certiflcate of ment or document, or of any sea h. -> ,vhich deed, instru- ^^'7 ^o' ment,document or search, a duty, payable bv .tamps, is then ^tXT""' imposed under this Act, shall be received in any court as evidence or be of any effect whatever, until the proper stamp, lor the payment of such duty is attached to such certiHcate or impressed thereon, whether written on such deed, instrument or document, or given separately ; saving always the power, vested in the proper court, jud^^e or officer, by the eighteenth section of the said Act o°f the Session hdd in the twentyseventh and twenty-eighth years of Her Majesty's Reign, as amended by this Act, to allow stamps to be affixed on the application of any party. 7. Each Registrar in the Province of Quebec shall keen Registrar to a book, m which he shall enter briefly, day by day, and asdrj^oT.r!'*- they occur, a note of every search made in his office sta- "''""""'"• ting the name of the person, demanding or making such search, and the duty paid for each, and whether or not he «! \i 'I * 1X0 STAMPS ON I.AW PnO<:KEt)IN(18 ANr> IlKr-ISTflATION. has {^ranted a certificate of such search ; and opposite to every note of a search, whereof he shnll not have piven a certificate, he shall affix a stamp, for the duty payable for such search, if such duty be then payable by stamps ; and each Registrar shall hereafter state, in th provide for the better protection of ProTiM. hypothecary c- -u-^^oT'a an I to give greater publicity to the seizure and pal : •> ^ jai estate," nor for the deposit of any voters' list or otiier municipal document ; and moreover no L,^ STAMPS ON LAW PROCEEDINOS AND nEOISTnATlON. J^y fee or duty shall be due or payable for the renowal of enr«. gistration oi deeds or instramentB, on which a duty had alreadv been paid ai the time of their first enregistratiou. O. There shall be imposed, levied and collected a duty D.,ti.. „p.„ often coats on every writ of summons, issued out of any rue": ^iT/ County Circuit Court, Magistrates' Court, or Commission- """''""•' era' Court in the Province ; and a duty of ten amts shall »'r''n'i"o.y be imposed, levied and collected, on each promissory note «^ibiu' receipt, bill of particulars and exhibit whatsoever, pro' duood and filed before the Superior Court, the Circuit Cou. :, or che Magistrates' Court,-8Uch duties payable in stamps 10. No instrument requiring to be stamped, shall bein..rn™,ntcf issued, received, acted on or recognized, by any Officer. .T.Sp-.-J. subject to this Act, or by any Court, Judge or person whatever.-or avail in evidence, or otherwise lor any pur- pose whatever.-until all and every ihe stamps, requiring to be attached thereto or impressed thereon, have been duly so attached or impressed. II. Ev.-ry Officer, subject to this Act, on issue or receiptsump. to u of any such instrument having any stamp or stamps at- •"""•'• tached thereto or impressed thereon, shall forthwith can- cel every such stamp, by writing or impressing thereon in ink, h,8 name and the date of such cancellation, so as effectually to prevent it being used again, or shall cancel such stamp i,i any other manner that the Lieutenant Gov- ernor may direct. 13. Every Officer, subject to this Act, shall be deemed Officer, -«.«- to be as such a Revenue Officer, within the meaning of,^:.".:- and subject to, the Treasury Department Act. 13. All needed supplies of stamps and stamped paper. sta™p,. *,.. shall be procured from time to time by the Treasurer ; Ty tr^Si!'"' 2. The Assist.'xnt Treasurer shall have direct charge of A«i8tant tr... i 118 STAMPS ON LAW PROCEEDINGS AND REGISTnATION. h - f Detailed ao- eounta to be ko|>is or copies, for or by reason of which, such money payments se connected therewith, are made, or whicl any If •STAMPS ON LAW PROCEEDINGS AND nEGISTRATION. llg or relative thereto, shall require to have such stamps attached ^o, or impressed upon them, or be written or printed upon stamped paper, as by such order is provided. ; 1«. Any such order may, at any time thereafter, be Order, .„, be ■amended or repealed, by another Order in Council, notified rTpS " in like ma'^ner, and for the like terra. 17. TI19 Lieutenant Governor may, from time to time, Lie,ue„a„t. by order in Council, provide, that on and after such day. "rrrco'^n. as may be therein named, and after at least one month's no- tUsuZ:!. tioe, given by proclamation in the Quebec Official Gazette all and any stamps or stumped paper, or all stamps or stamped paper, of any one or more -'alues or denominations, o. forms and patterns, in such order and proclamation desio- nated, shall cease to be stamps or stamped paper, or lo be issued or received or avail as stumps or stamped paper- and, by such order and proclamation, may provide for the' calling in and cancelling thereof, and lor the procuring a„c ..» and issuing instead thereof, and the exchanging therefor °""*- of other stamps or stamped paper of like or other viluJ or denomination, or form or pattern, in such order and proclamation designated; -and all the provisions of the stamps^ regulation act shall, on and after such day apply to all stamps or stamped paper, issued in terms of such order and proclamation, to all intents as theretofore, to the stamps or star-ped paper, thereby called in ; and all pro- visions whatever of such order and proclamation, in any wise relative to such calling in, cancelling, procuring issue or exchange aforesaid, shall have for.^e in law, to all intents, as though herein expressly set forth and enacted. 18. Section 18 of the Act of the late Province of Canada, see. isor.. 27..8 Vict, chap. 5, IS amended by adding thereto, after fJir*"'' the words: "in the case", in the fourth Ihie thereof the following words : " or to the prothonotary or clerk of such f^ou-rts ", and sections 6, 22 and 23 thereof are hereby re- • 8 120 HOUSES OF CORRECTION, COURT HOUSES AND GAOLS. i'i II .; •8. fl, 22 and pealed, in respect of all matters, subject to the control of 23 thereof ro *" ' '^ ' j pealed. this Legislature. 29 Vie.. 0. 28, 19. The Act 29-30 Vict., chap. 28, of the late Province -811. land 2 ' r 7 of 39 vio.oap. of Canada, — sections 1 and 2 of the Act 39 Vict., ehap. 8 - — 8 ;— 31 Vie., o. ' » i' . 2. and 33 Vie, and the Acts 31 Vict., chap. 2,-33 Vict., chap. 2, and 39 0. 2, and 39 . ' r- > Vic, oflp. 9, Vict, chap. 9, of this Province,' are hereby rej>ealed ; — and and oeriaio are also repealed any and all Orders in Council imposing orders in coun- x a oil niso re- pealed. any Commissioners^ Court. a stamp duty ar fee on writs oi summons, issued out of Present act & 27-28 Vio., eap. 5, one aot Name of act. 20. This Act and the said Act, 27-28 Vict., chap. 6, of the said late Province of Canada, as hereby amended, shall be read together as one Act, — and may be cited as "The Stamps' Regulation Act"; — and all the provisions thereof,, so read together, shall extend and apply to all stamps,, stamped paper and duties, as hereby defined, and to all instruments requiring to be stamped, and to all officers subject to this Act. CONSOLIDATED STATUTES FOR LOWER CANADA CHAPTER 109. An Act respecting Houses of Correction, Court Houses and Gaols. TTER MAJESTY, by ant- w^ith the advice and consent -*- -* of the Legislative Council and Legislative Assembly of Canada, enacts as follows : « Fund eetab- 15_ ^OT keeping iu good repair the District Court lijhed for re- i s? o *- pairing Court Houscs and Graols erected or to be erected (including those Houiee and Gaols, and aforesaid in the District of Gaspe, each Coiinty in which paying Petit ^ •' Jurors in ori- ghall be Considered a district for the purposes of this Act), minal cases. and for paying the Petit Jurors in criminal cases in the same, there shall be, in and for each such District, a Fund, to be called "The Building and Jury Fund for the District - of " (as the case may be, or of the county of in Gaspe), which shall consist of : ontrol of Province tap. 8: — and 39 id ; — and mposin^ id out of lap. 5, of ed, shall as "The > thereof^ stamps^ nd to all i officers lANADA mses and ; consent Assembly 5t Court ing those in which this Act), js in the . a Fund, B District iounty o-f HOUSES OP CORRECTION, COURT HOUSES AND CtAOLS. 121 1. All fines, forfeitures and pecuniary penalties collected Poi'oe finet. in the District under the Police Ordinances and Acts, as extended by the twenty-ninth section of chapter twenty- four and consolidated in chapter one hundred and two of these Consolidated Statutes ; 2. The Crown's share ofall fines, forfeitures or pecuniary summary oon- penalties collected in the District on summary convictions „nd"r°con" under chapters ninety-one and ninety-three, of the Conso- alfys^"" "*• lidated Statutes of Canada. (These chapters have been repealed by 82-33 Vic, Can., cap. 36, and the matters re/,.A/,>„ of furnished at Gaspe Basin a site suitable for a Gaol and u:7be'r„?. Court House, and such means as, added to the Building and '^ZZ!^ Jury Fund for that County, will suffice to build a Gaol and Court House, the Lieutenant Governor may order the build- ing of a Gaol and Court House thereat ; and so soon as such Gaol and Court House are completed at Gaspe Basin, the Lieutenant Governor may make known the fact by procla- mation, and by such proclamation may fix, for all the pur- poses of the administration of justice, Gaspe Basin as the " chef-lieu " instead of Perce, in the said County. 29. All the provisions of "An Act to provide means to u, u y. c. recover from the Corporation of the City of Montreal, part o/!oQu?bec.""^ the expense incurred in guarding the Common Gaol at that place " (14 & 15 Vict., cap. 129] shall, from and after the 128 H0TJSK9 OF COUnKCTION, COURT HOUSES AND GAQLS. ui ^ first day of August, 1861, be extended and shall apply to the Corporation of the City of Quebec, in as full and ample ProTiio. a manner as if that Act contained the word " Quebec " also wherever the word " Montreal " occurs therein ; but the sum of money to be required and leceived from the Council of the City of Quebec, under that Act, shall not, in any one year, exceed the sum of sixteen hundred dollars. Corporation of 30. If at any time the ordinary funds of the Corporation Montreal may of the City of Quebec or Mfntreal be insufficient to meet impose a Bpe- oiai rnte for any Contribution required to be made, under the provi- purpoBes of "^ ■*■ ^ this Aot or 14, sions of this Act. or under the Act fourteenth and fifteenth IS Viot., cap. !*'• Victoria, chapter one hundred and twenty-nine, it shall be lawful for the Council thereof to impose for that purpose a special tax or assessment, over and above the amount for which such Council is then authorized by law to im- pose rates or assessments, — and to appropriate for that purpose any part of the fees of the Recorder's Court, or to impose upon proceedings in that Court a special tax, to create a fund for the above mentioned purpose. Vklf Hi Thii Act not !tl. Nothing in this Act shall in any way invalidate the to affoot 12 V- . . "^ c. 112. provisions of " An Act to make provision for the erection or repair of Court Houses and Gaols at certain places in Lowet Canada, (12 V. c. 112), but all the provisions of that Act shall remain in full force with respect to the Districts therein mentioned, and until the objects of that Act have been fully carried out. Governor in 32. The Lieutenant Governor, may, by any order or or- imprae Ttlx ders in Council, to be from time to time made for such on certain pro- . ■, , ■, , t r. ■ oeodings in purpose, impose such tax or duty as he sees nt on any pro- forapart'of ° ceediugs had in any of the Courts in any District of Lower Jury Fund. Canada, and upon the closing of inventories, assemblies of relations and friends, insinuations or registrations in the offi- ces of such Courts, the appointments of Tutors or Curators affixing or taking off seals of safe custody, probates of wills. QLS. 1 apply to and ample ' Quebec " srein ; but from the hall not, in id dollars. orporation t to meet ;he provi- d fifteenth it shall be t purpose e amount w to im- I for that Durt, or to il tax, to lidate the 'tection or ifi Lowet that Act Districts Act have der or or- for such 1 any pro- of Lower mblies of in the offi- Curators !S of wills. HOU8E8 OF COnnECTION, COt'llT HOUSES AND T.AOLS, 129 or othor like mnttorp, also xxpon any proceedings at or beibrc the Courts of Commission, rs ior the summary trial of small causes, and at sitHngs of a Justice or Justices of the Peace, Judges (.I' the Sensions of the peace, and Sheriffs, respectively, upon any proceedings before any Record.>r or Recorder's Court, and generally upon any proceeding before any judge, Justice of the Peace, or judi- cial, or ministerial officer, or Court whatever. As amended by 20 Vic, cap. 13, sec 1 and 31 Virl., cap. 16, sec. 9. 2. All the provisions of ^« Ad lo make provision for (he Act n v. c. erection or repair of Court Houses and Gaols at certain places^''' '° ''^^'^' in Lower Canada, (1 2 V. c. 11 2) shall apply to the imposing, levying and payment of such tax or duty, and it shall be collected by such member of the Court or such oflicer or person as the Lieutenant Governor in Council shall appoint, and shall be paid over by liim to the Sheriff to form part of the Building and Jury Fund.and every such person directed to colkct such iees .sh;ill give such security as shall be fixed by Order in Council ; 3 The Lieutenant (lovi-nior may, by order or orders in Provision for Council, from time to time, reserve such portion of the fees na^rlf ' of the Cl(n-k or Crier of the Circuit Court, held at any other SZI"'"' place than the chef lieu of a district, as he deems proper to be appropriated for the payment of any contingenc"-s for the maintenance of those Courts. 33. The sum of money to be collected in any district Tax under under the fourth section of An Act lo make provisiom for theTlntV.l erection or repair of Court Houses and Gaols at certain plar.es\l^VM:l in Lower Canada, (12 Vict., cap. 112), or under the fifth To'tr "'"""" paragraph of the fifteenth section of this Act, shall be collected only once : • 2. The power given by the next preceding section to Power under impose a tax or duty, shall not be exercised, with respect S noVto'i!: to the places mentioned in the 12 Vict., cap. 112, with :a::swhere regard to such items, proceedinfirsordocument.snnon wb,-^v, !;/.!! IV^}"^: N <1 ■ 9 112. 130 APPLICATION OK KINE8. i . a tax or duty is then collected at those places as imposed under the authority of the fifth section of that Act, so long that tax or duty continues to be collected at those places for the purposes of that Act. ttiaebZi!"' ^- ^"^^ ^'"y surplus of the above mentioned tax or duty collected at any of those places, remaining after payment of the principal and interest on the debentures issued under that Act for and in any respect of any such place, shnll form part of " The Building and Jury Fund " of the District in which such place is situate. •«( !; . a 81 VICTORIA. CHAPTER 7. An Act respecting the Interpretation of the Statutes of this Prorince. H {Assented to 24th February, 1868.) ER MAJESTY, by and with the ad rice and consent of the Legislature of Quebec, enacts as follows : Reoovery of panalties. T. When no other mode is provided for the recovery of any pecuniary penalty or forfeiture imposed by any act, it may be recovered in the same manner and before the same court as any ordinary debt of like amount, at the suit of the crown alone, or of any private party, suing as well for the crown as for himself ; but no commissioners' Application ofcourt hao jurisdiction in such cases. "When such penalty is not otherwise appropriated by law, one half of it belongs to the crown and the other half to the private plaintiff, if there is one ; if there is none, the whole belongs to the or own. penal tici. , 8. Any duty, penalty or sum of money, or the proceeds of any forfeiture, given by any act to the Crown, if there is no express provision to the contrary, forma part of the MAINTENANCE OP PniSONEnS general funds of the province, and is to be accounted for *nd dealt with accordingly. 131 89 VICTORIA. CHAPTER 8. An Act to aid the gr«nt lor the purposes of th« adminis- tration of Justice. (Assented to 24th December, 1875.) TTER MAJESTY, by and with the advice and consent of the Legislature of of Quebec, enacts as follows : Sec:ions 1 and 2 repealed by 43-44 Vict., cap. 9, sec. 19. 3. The Corporation of any cicy. town, village or muni- corpo.t.on, cipahty. withm the limits of which has been committed o'e'iii^^i/:: any act punishable under the Statute of Canada 32-33 "•'*• Vict., cap. 28, respecting vagrants, or any contravention of the by-laws of the Council of such city, town, village or municipality, shall be bound, if the offender has been sen- tenced to imprisonment in the common gaol of any district to pay to the Sheriff of such district, a sum of twenty-five' cents for each day such offender shall be so detained in ^aol. As replaced by 40 Vict., cap. 7, sec. 1. 4. It shall be the duty of the sheriff of every district toD„t,of th. demand, at the end of each month, the sums due during '•"'"'^• such month by corporations, under the preceding section, and on refusal of payment, the sheriff may in his own name, sue for the recovery .thp -of, by action of debt, before any competent Court. 5. This act shall come into force on the first day of ,,„„ rorc. l^ebruary, eighteen hundred and seventy-six. V " 1 32 INSPECTORS OK PRISONS, HOSPITALS AND OTHER INSTITUTIONS, 81 VICTORIA. CHAPTER 23. An Act respecting- Inspectors of Prisons, Hospitals, and other Institutions. % ^ If*.''' H [Assented to 24th February/, 1868 ] E"R MAJESTY, by and with the advice and consent of the Leg] lature of Quebec enacts as follows : Regulations to 8. The Said inspectors shall, as soon as may be conve- be made re- garding : nient, frame a set of rules and regulations for the govern- ment of the common gaols of this province, extendi"g to — Diet, clothing, 1. The maintenance of the prisoners in regard to diet, clothing, bedding, and other necessaries ; Employment J ^ mi • i . <> , i i , i i t 2. Ihoir employment prohtably to the public revenue; 3. Medical attendance ; 4. Eeligious instruction ; 5. The conduct of the prisoners and the restraint and punishment to which they may be subjected ; :nid 6. Also to the treatment and custody of the prisoners ge- nerally, the whole internal economy and management of the gaol, and all such matters connected therewith as may Regulations to ^6 thought by theiu expedient ; be approved by ^ _, ., , .. in^ i-i Lieut.-Gov. w hich rules and regulations shall be submitted to the Existing regii- Lieutenaiit-Governor for his approval and confirmation. lation8 to serve in the me ^- Until such Tulcs and regulations have been so framed and approved, the rules and regulations now in existence, under chapter one hundred and ten of the Consolidated Statutes of Canada, shall remain in force. Medical at- tendance ; Religious instruction ; Coiiduot of prisoners ; Treutment "f prisoners. 1^3 ITUTIONS, revenue ; "■emeut of EMPL0TM2NT OF PRISONERS. 43-44 VICTORIA. CHAPTER 24. An Act to provide for employing, vrithout the walls of Common Gaols, prisoners who are imprisoned therein. [Assented to 2itk July, 1880.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 133 H I. The Lieutenant-Governor in Council may, from time B™p,o,..t to time, direct or authorize the employment upon anyl^tjii speciHc work,or duty, beyond the limits of any common'""" gaol, of any prisoner who, after a prior sentence of impris- onment for any breach of any law of Canada or of any province, is sentenced to be imprisoned, with hard labor in such gaol, for breach of the laws of the province of Quebec, or for the breach of the by-laws of any municipal r.orporation in this province. 5 Every .herifTshai: keep or cause to be kept, by the She. understood to be intended by the words " the said Income " Fund," whenever they occur in this Act. ooremor way 3. Whenever it appears to the Lieutenant Governor in order the salo of portions of Couucil that the said Income Fund can be increased bv the the laid estate <' nnd re-invest sale and by the investment of the prooeeds of the sale of the proceeds. ^ '- any portion of the said Estates, or of any rente fancier e or r nte constitute then forming part of them, the Lieutenant Grovernor in Council may order such sale to be made, and may direct that the moneys realized by it be invested in provincial debentures or other securities, the annual interest or income whereof shall form part of the said Income Fund. SUPERIOR EDUDATION INVESTMENT AND INCOME FUNDS. 139 4. There shall be annually placed to the credit of thecertain •- said Income Fund, the sum of twenty thousand dollars, rthe'.aK- out of the Consolidated Revenue Fund of this Province, our^5e°Con- which sum shall form part of the said Income Fund, andTenue'rur^" be appropriated accordingly ;— and if in any year the said Income Fund falls short of the sum of eighty-eight thou- sand dollars, then such sum as may be necessary to make it equal to eighty-eight thousand dollars, shall be taken from the Common School Fund of Lower Canada, and added to the said Income Fund for that year, as part thereof. 5. If in any one year the whole of the Income Fund is How any ba- not apportioned, the balance not distributed shall remain said rid' for further distribution as hereinafter provided, or shall, if [lllitf.''" the Lieutenant Governor so directs, be invested, and the income or the interest of the investment shall be added to the said Income Fund, and the principal shall form part of the said Investment Fund. 12. And inasmuch as it is necessary to provide for the Certain a- purchase of such site or sites, and for erecting or procuring TrZd K; and furnishing of such buildings, as may be requisite for "«<'"°n "f tto the said Normal School or Normal Schools,— i he Lieutenant ^""^S- Governor in Council may order that out of the said Income Fund the sum of eight thousand dollars be for such pur- poses yearly set apart and appropriated to form a fund to be called " The Lower Canada Normal School Building Fund," and any sum so yearly set apart and appropriated shall be invested or placed at interest as the Lieutenant Governor in Council may direct; and the income and in- terest shall, like the principal, form part of the said Fund : 2. The moneys and interest realized by the sale which Proceed, of the Lieutenant Governor in Council may direct to be abretiiX^' made of any site and the buildings thereon already acquired '°B»ird1J'/ '* for Normal School purposes in Lower Canada, and not ^"'"'■" deemed convenient for such purposes, shall form part of the last mentioaed Fund, and snail be invested or M' 140 SUPERIOn EDUCATION INVESTMENT AND INCOME FUNDS. placed at interest in the like manner as any other sum forming part thereof. See also 16 V., c. 74, s. 5, authorizing the inveslment of Jive Ihoumnd pounds from the Jesuits' Estates Fund for the Normal School at Montreal, the interest on the said sum to be re-paid to the said Fund, out of the imdaimed balance of L. C. Common School Fund, or out of any moneys to be appropriated for Normal Schools. "7dod"b?.un. "•^- ^"^ *'^^*'''^ ""^ amount of the Lower Canada Normal 'ng Fun" rrh!,1i ^^^°°^ Building Fuud uot actually required for the purposes bedi=,vWof for which the fund is constituted, shall, in the discretion of tlie Lieutenant Governor in Council and as he may direct, either revert to and form part of the said Lower Ca- nada Superior Education Licome Fuud, or be invested as part of the said Lower Canada Superior Education Invest- ment Fund, in which last case the income and interest arising from such investment shall form part of the said Income Fund. Appropriation IS. A sum uot exceeding six th^ isand dollars shall be for the siiliirins .. of the Norm,,! allowed yearly out of the Common School Fund for Lower Sohool Teaoh- ^ , , ere. Canada, to defray the salaries of officers and other contin- gent expenses of such Normal School or Normal Schools ; and a sum not exceeding four thousand dollars shall be allowed yearly out of the said Income Fund, as an aid to facilitate the attendance of teachers in training at the Nor- mal School or Normal Schools In case ciioh B»5. lu case the two sums mentioned in the precedin"* nppronrintion i- r i • rr- '^ be insuiijeiei.t. section are loand insufficient, the Lieutenant Governor in Council may order that out of the said Income Fiind a certain sum be yearly set apart and appropriated for the support and maintenance of the said Normal School or Normal Schools, which sum so set apart and appropriated yearly, shall not exceed in any one year the sum of ten thousand dollars NDS. ther sum Uhorizing ts' Estates est oil the unclaimed %y moneys a Normal purposes liscretion he may ower Ca- vested as 11 Invest- , interest ■ the said shall be or Lower ' contiii- Schools ; shall be ,11 aid to the Nor- fecediiij^ eriior in Fund a 1 for the 3hool or opriated ti of ten SUPERIOR EDUCATION INVESTMENT AND INCOME FUNDS. ^ DISTRIBUTION AND A. PLICATION OF COMMON SCHOOL FUNDS. S8. The sums oonstituting the Lower Canada Common How Common School Fund may be paid to the Superintendent of Edu< a- 2"to?p"." tion in two semi-aiuual payments, under two accountable '""'"""'• Warrants to the Receiver General {noio the Provincial Treasurer) to be issued by the Lieutenant G-overnor ; and the Superintendent shall deposit the said sums in' such Bank as the Lieutenant Governor in Council may direct, and shall apportion the snme according to law among the' Municipalilies, and shall pay to the School Commissioners and Trustees of Dissentient Schools the respective shares belonging to the Municipalities they represent, ])y checks drawn upon such Bank and made payable to their order, and shall account according to law for such moneys. 08. Out of the Legislative School grant, perman.-nt and ""'«!" ^ppro- additional, for Common School purposes in Lower Canada 'rstT"' the following sums may be set apart and expended year' ''"°'' by the Superintendent of Education, with the approval of the Lieutenant Governor in Council, ibr the following purposes, that is to say : L A sum not exceeding eight thousand dollars, for spe- p„r .... Mu. cial aids to Common Schools hi poor School Municipalities ; "•"''''"'"«•• As amended by 32 Yic, rap 16, sec. 39. 2. A sum not ex-eeding one thousand eight hundred For jo.mai of dollars, to encourage the publication and circulation of as'lSon"" Journal of Public Listruction ; and 3. A sum not exceeding two thousand dollars, towards Teacher's su- forming a fund for the support of superannuated or worn Cd.""""" out Common School Teachers in Lower Canada, under such regulations as may be adopted from time to time by the Superintendent of Education, or by the Council of Public Instruction of Lower Canada, and approved by the Lieutenant Governor in Council ; But no such Teacher shall be entitled to share in the said Fund who does not contri- bute to such Fund at the rate of fnnr rl«]lov. r> , 142 PENSION FUND FOn OFFICEHS OF PHIMARY INSTRUCTION. I'll" ' at the least, for the period of his teaching School or receiving aid from such Fund, or who does not furnish satisfactory proof of his inability from age"or loss of health in teaching, to pursue that profession any longer ; and no such allow- ance to any Teacher shall exceed the rate of sir dollars per annum for each year during which such Teacher has taught a Common School in Lower Canada. \ i> m m f - I* 43-44 VICTORIA. CHAPTER 22. An Act to establish a pension and benevolent fund in favor of officers of primary instruction. H [Assentfdlo 24th July, 1880.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : I'-J. In order to provide for the above-meutioned pen- sions : Stoppanoi 1. A reduction or stoppage shall be made from the salary from ealarios „ r re ■ i to meet pen- 01 cach oliicer at the rate oi two per cent, per annum ; ■ion fund. n \ l 2. A stoppage ot one per cent, shall be made annually from and out of the " Common School Fund," as well as from and out of that portion of the " Superior Education Fund," appropriated to the support of institutions managed or directed by officers of primary instruction, as defined by the present act ; Grant of $1000 3, An annual grant of One thousaud dollars per annum by the pro- Tince. shall be allowed by the G-overnment of the Province ; stoppages, *c^ The aggregate amount of these various stoppages and toform^"en*" ^^^"^® ^^^^^ ^® deposited every year with the treasurer of •ion fund. the province, and by him converted into iProvincial or Dominion bonds, and capitalized for the benefit of " The Pension and Superannuation Fund for officers of primary JUDICIAL AND OTHEn DEPOSITS. instruction." And the said fund shall not form part every y.ir of the Consolidated Revenue Fund, notwithstanding any provision to the contrary in the act respecting the Treasury ; but it shall be held in trust by the treasurer of the province for the purposes of this act. If, after the delay granted by section 26 of this act, forPror the payment ofpensions, the interest on the said capital- ^'o^^'not ized fund does not suffice to pay the pensions applied for, '""""• the stoppages from the salaries of the officers of primary instruction, out of the "Common School Fund" and the "Superior Education Fund" shall be correspondingly increased. 143 lio : If amount 85 VICTORIA CHAPTER 6. An Act respecting Judicial and other Deposits. [Assented to 2 Vrf December, 1871.] JJER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The Treasury Department shall be a general deposit rre« d.p office for the province, in so far as legards deposits to beyoXXV. made in virtue of this act. 2. Immediately upon any deposit being made with thei,epo,u «. Treasurer under this Act, he shall give the depositor a re-S-""" ceipt, and, in the case of registered rights, a duplicate re- ceipt, specifying the amount deposited and the nature and cause of the deposit, and such receipt may be in such form as the Treasurer may from time to time regulate. 3. The deposit receipt shall be primd facie evidence of Receipt to be the deposit and of the facts it purports to certify. eTiioe"* 4. Every clcil: of appeals, prothonotary of the superior^ . • « — t 1 1 i>j.i ■ .. i"^^'*'^ Certain officers court, clerk ot the circuit court or of a district magistrates' .'^f ^^'l' W' 1^ , i i i ■ 144 JUDICIAL AND OTHKn DEPOSITS. 0T«r, am: duoeroa«i|it .^gj ^ \ pro conrt, who. in i»i» official capacity, shall have received, himst'li", or by his deputy, as a Judicial or other depo.iit, any sum of one hundred dollars or over, shall immediately de- posit such sum to the credit of the trt'usuier of the Pro- vince, in sucli haiil< or other monetary institution, as sliall be indicated by the said treasurer, and shall iile in the re- cord of the case oi oi' the i)roceedins;8, in which he has re- ceived the said sum, the deposit receipt of such bank or other monetary institution. ShorifTs Mmii Everv sheriff, who, in his official capacity, shall have of *itio..ni himself, or by his deputy, received, either as the price of a duoe receipt. judi( ial t-ale or otherwise, a sum of one hundred dollars or over, shall immediately deposit such sum, to the credit of the treasurer of the Province, in such bank or other mone- tary institution, which shall be indicated by the said trea- surer, and shall, without delay, iile in the olfice of the ;rc- thonotary or clerk, the depo.sit receipt of the said bank or other monetary institution. \s to sums less than one hundred dollars, which shall be received as aforesaid, by the said officers, they shall be deposited in the manner aforesaid, so soon as they shall amount to an aggregate sum of one hundred dollars or over. Such officers shall, from the mere fact of holding siich offices, bo agents of the treasurer of the Province for the purposes of the said act, 35 Vict., chap. 5, and its amend- ments. Any payment made to them, under the said act and its amendments shall be deemed to be made to the treasurer of the Province, and all persons whr are entitled to draw such sums or securities, deposited under the said act, shall have the warranty of the Grovernment of the Pro- vince for the payment to them of such sums or securities. Sections 4 and 5 as replaced by 43-44 Vic, cap. 8, sec. 1. CoroLerstodo- Every coroner who either personally or by his de- posit a'.l luma .1111 -J c 1 . received. P^ty shall have received any sum oi money, exceeding one hundred dollars under any title whatsoever, shall immedi- Deposit of •ums leas than $1U0. Such ofEcers are agenis of tlie treuaiiror for the pur- poses of 35 v., 0. 6. received, po.iit, any liutely cle- jf th'! Pro- n, as shall in the to- he has re- 1 bank or hall have price ofa dollars or credit of tier mone- said trea- >f the ;"ro- L bank or lich shall hey shall they shall iollars or ling siich ;e for the s amend- e said act ie to the e entitled ■ the said fthePro- iecurities. c. 1. ' his de- eding one [ immedi- JUWCIAL AND OTHEn DEPOSITS i ^ * at.ly deposit the same, in the manner prescribed in the act abovo citad (8.-. Vic, cap. 5). Aided by 30 Vic, cap. 14 see. 2. Every bailiff of the superior court, who shall have re.BaUiffMod. ceived any sum of money arising from a seizure or judicial Sin'r^o"' sale and exceeding in amount one hundred dollars, shall unless he has lawfully handed over, distributed or paid such sum, before making his return, deposit the same in the prothonotary's office of the district within the limits of which the writ has issued together with his return. Added by 3t> Vic, cap. 14, sec. 3. «. The third paragraph of article 883, of the code of53of .rt. 883 civil procedure is repealed. This paragraph provided forl±V'- the appointment of a judicial sequestrator in certain cases. 7. At the expiration of fifteen days from the date at .5 da., affr which any report of collocation and distribution of moneysttoCt.^f. shall have been homologated, in whole or in part, (as the IpXr cr- ease may be, whether by a judgment of any court, or by IhottyT the order of a vothonotary, or clerk of a court in Lower ^iu&Jr:''... Canada, the pr honotary, or clerk of the court, within who Tr"' the office of whicu the said judgment, or order, of homolo- Ja^hT gation 18 fyled and of record, if no notice of appeal from";o3."- 8uch judgment, or order, of homologation, shall have been served upon him, or if no opposition has been made to such judgment, or order, of homologation as hereinafter set forth, within the said delay of fifteen days from the date of the said judgment, or order, of homologation, shall transmit, without delay, to the treasurer of the province of Quebec, a copy of the said judgment, or order, of homo- logation, and a certificate under his signature, and the seal of the court establishing and setting forth, that no no- tice of appeal from the said judgment, or order, of homo- logation, nor any opposition to the same has been served upon him, within the said delay of fifteen days, and on re- ceipt of such judgment and certificate, the treasurer shall V}' I ;HI :jfmii • lis 146 JUDICIAL AND OTHER DEPOSITS. immediately pay the moneys so distributed, by delivering to the sheriff, or to the officer to whom the same belongs, his orders, or cheques in favor of each of the parties men- tioned in the judgment, or order for the amount awarded If t^era be an to each. And if an appeal has been taken from the said appeal or an opposition, judgment, or order, of homologation, or an opposition treasurer shall not pay until made thereto in relation to one or more of the said after final judgment or collocatious, which shall be established bj'^ the certificate settlement. of the prothonotary or clerk, the treasurer shall not pay the amount of the collocations so contested until after a definite sentence has been pronounced upon such contestation, or until after such contesttition shall have been settled rs hereinafter provided. Appeals from Any pcrsou. Or corporation, desirous of instituting an or oppotiitions i • i -, o i i • i to judgments appeal from thejudgment, or order, of homologation before of homologa- • i p i • • i tion must be mentioned, or of making any opposition thereto, if by law served upon i • i prothonotary any such Opposition can be made, must, within fifteen or clerk, in de- . i • i i • i fault of which days from the date at which such judgment, or order, of moneys may , be paid— with- homologation shall have been rendered, produce at the out prejudice fr> p i to tho right oflice of the coui't wherc such order or judgment is fyled to prosecute the appealer and of record, by causing the same to be served upon the opposition— but when such prothonotary, or clerk of such court, a copy of the writ of service shall have been appeal which he has caused to be issued, or of his oppo- made money shall not be sition, (if an opposition has been made,) and it shall be the paid until after a final duty of the prothoiiotary or clerk to make an entry of such decision ^y , , court of uiti- document, in the registers of the court, and the same shall mate jurisdic- tion, from part of tne record ; and in the event of the said opposition or writ of appeal not having been served within the aforesaid fifteen days, upon the prothonotary or clerk of the court, the sums of money mentioned in the judg- ment or order of homologation shall be paid ; but the foregoing provisions shall not deprive any one who shall have omitted to prosecute his appeal or opposition within the fifteen days as hereinabove set forth, from the right of so doing, within the delays established by law, or of fyling his opposition within the delays established by lav and ielivering belongs, ties men- . awarded { the said )pposition the said certificate ot pay the a definite station ; or settled fs tuting an ion before if by law in fifteen • order, of ce at the t is fyled upon the he writ of his oppo: lall be the ry of such same shall r the said ed within y or clerk the judg- ; but the who shall on within le right of r of fyling r lav and 147 JUDICIXL AND OTHER DEPOSITS. in the event of his succeeding of recovering, by action at law, the moneys paid under the former judgment. Whenever any appeal shall have been instituted to the court of Queen's bench, or any opposition put in within the fifteen days, as aforesaid, and that the prothonotary or clerk, shall have been notified of such appeal or opposition as hereinabove set forth, the moneys affected by such appeal or opposition shall not be paid until the contestation raised thereby shall have been definitely settled, either by the court of Queen's bench, by the superior court, orby Her Majesty's privy council, in the event of the matter being susceptible of being appealed to the latter jurisdiction, and the prothonotary or clerk of the court, shall not grant his certificate for the payment of the moneys, until a copy of the judgment rendered by the court of Queen's bench, by the superior court, or by Her Majesty's privy council, if the cause has been carried into such latter jurisdiction, or a discontinuation of such appeal or opposition, or a certi- ficate of the clerk of appeals, in the said province, estab- lishing that such appeal has been given up and aban- doned, or a certificate of the prothonotary or clerk of the court establishing that such opposition has been discon- tinued, shall have been filed in the oflice of the superior court. In all cases whenever a consent in writing, signed by Mone,.™.. all the parties mterested in the cause, and attested bv the t" •^'''''buud _ ,1 . , , -jvv^vi Kiy tuc by consent prothonotary or clerk, shall have been fyled with him, the treasurer shall immediately pay or distribute the moneys so deposited, by delivering to the sheriff or other officer entitled thereto, his cheques or orders in favor of any person mentioned in such consent, for the amount therein set forth. As replaced by 36 VicL, cap. 14, sec. 5. 8. Whenever any person desires to pay any sum of when cdito money, and is prevented from doing so by reason of the Iten ' a'bto' a.,..., .„., 01 the absence of his creditor ii^gii'; * ^l .-r * ' 4ii • %' H . I !• 148 JUDICIAL AND OTHER DEPOSITS. from the place where the debt is payable, sueh person may deposit such sum' with the treasurer, together with a pro^ per desi^ation of the natvire of the debt, of the title under which it is due, and of the person or persons to whom he desires the money should be paid. Effoet of ittoh And the efiect of this deposit shall be to liberate, for the future, whoever shall have made a tender, from the pay- ment of interest on such sums of money, provided hi» creditor has, without having any right so to do, refused to accept such tender ; and the moneys deposited for a cre- ditor w^ho is absent from the place where the debt is payable, shall also cease to bear interest against the debtor, if the amount deposited is sufficient. Trewnrer to pay creditor oD demand. Proviso. 9. The treasurer shall thereupon, on demand, pay to 1 he creditor so designated the amount so deposited ; saving the right of the depositor, if the deposit receipt has not been registered and if the money has not been paid inta court as a tender, to withdraw his deposit before the same shall have been demanded by his creditor. Moneys in dig- lO. "Whenever any person desires to pay any sum of deposited. mouey which is demanded of him by contending claim- anti> he may deposit the money he so desires to pay with the treasurer of the province. HiW treasurer shall piiy over. Proviso. II. In the case mentioned in the preceding section, the trea,surer shall pay over the amount deposited to the claimant, who shall produce and file an authentic copy oi a competent judgment entitling him to the money, saving the right of the depositor, if the deposit receipt has not been registered, and if the money has not been paid inta court as a tender, to withdraw his deposit before the same shall have been demanded by tht daimant. In eas« of a 12, In any case in which a voluntary deposit is made registiiri-d ,,. n ,i..i n •!■» piHim rp,ei|,t Under this act of any amount due m virtue of any registered eiKt«r«ri >iir Canada ; and whereas, by the said act, it was enacted that certain corporations might borrow money upon the credit of the said fund for certain pur- poses. Whereas, by the act passed by the said Legislature of the late Province of Canada, in the 18th year of the Reign of Her Majesty, chapter 13, intituled : " An Act to extend and amend the act to establish a consolidated municipal loan fund for Upper Canada, by applying the same to Lower Canaan, and lor other purposes, " it was enacted that the said act, 16 Victoria, chapter 22, and each and every the provisions tliereof, should extend and apply to, and should be deemed and considered to be in force in Lower Canada, with the exception of certain raodiftcations con- tained in the said act, 18 Victoria, chapter 13. Whereas the said acts have been consolidated and are contained in chapter 88 of the Consolidated Statutes of Canada, intituled ; " An Act respecting the Consolidated Municipal Loan Fund ; " Whereas, certain corporations of counties, cities, incor- porated towns, townships, villages and others, have, in conformity with the provisions of the said acts, and the acts amending the same, borrowed certains sums of money, upon ihe credit of the said fund ; LOWER CAI.ADA CONSOMDATEn :uUN.C!PAK LOAN FUND. "VThereas, by the British North America A.ct, 1867, it was enarted : " that the division and adjustment of the debts, credits, liabilities, properties and assets of Upper Canada and Lower Canada should be referred to the arbitrament of three arbitrators, one chosen by the government of Ontario, one by the government of Quebec and one by the government of Canada ; " Whereas, under the provisions of the said British North America Act, 1867, the Honorable John Hamilton Gray of the city of St John, was chosen as arbitrator, under and in conformity with the provisions of the said act, by the government of Canada, the Honorable David Lewis Macpheruon, of the city of Toronto, was appointed arbi- trator by the government of Ontario, and the Honorable Charles Dewey Day, of Glenbrooko, in the said province of Quebec, was appointed arbitrator by the government of Quebec, to make the aforesaid division ; Whereas the said arbitrators undertook to make the said division ; and whereas the said John Hamilton Gray and David Lewis Macpherson, forming the majority of the said arbitrators, decided by their report or award, dated at Toronto the 3rd of September, 1870, that the debt arising from the Lower Canada Municipal Loan Fund, due to the late province of Canada, to the amount in capital of |2,939,- 429,90 and the interest accrued and to accrue upon such fund, should be and it was, by the said award, declared to be the property of the province of Quebec and to belong to the said province ; Whereas it is necessary to provide for the collection of the amount of the said debt, arising from the said Lmver Canada Consolidated Municipal Loan Fund, without preju- dice to any recourse that the province of Quebec may have against the Government of the Dominion of Canada, or against the Government of the province of Ontorio, res- pecting the division of the assets of the late province of Canada, the said arbitrflt.inn a-nri iha aq\A 167 iw A _X x-L - aid ui me I'hl 168 LOWKn CANADA CONSOLIDATED MUNICIPAL LOAN FUND. above mentioned arbitrators ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : Appointment |. It shall be lawful for the Lieutenant Governor in of a ComiiiiH lioner. coui»c.'V Under the great seal of the province, to appoint a commissioner to examine into the several amounts due to the said Lower Canada Consolidated Municipal Loan Fund and to facilitate the collection thereof. m Datiei of the CommiBaioner. Hii (ftUry. 3. The appointment of such commissioner shall be during good pleabure. and his salary may be fixed by order in council, but shall not exceed three thousand dollars per annum, over and above tra: =»lHng expenses. a. It shall be the duty of the said commissioner, ap- pointed as aforesaid, to inquire into the position of each municipality indebted to the said Consolidated Municipal Loan Fund, and iuio every thing respecting the debt due by each and every of such municipalities, and the said commissioner is empowered to summon witnesses and all parties interested, and to compel them to give evidence before him, under oath or otherwise, and to procure such documents, or other things deemed necessary for the in- quiry to be held by him, which inquiry shall be held in the municipality indebted, and he shall make a report of his proceedings to the Lieutenant Governor in council, from time to time, as he may be required. Hii powers. 4. The said commissioner shall have the same power to compel witnesses to attend before him and to give evi- dence, as the courts of justice in this province in civil cases. Duties of s. Within the three months, next after the signification municipat ° councils in- of the report of the commissioner as aforesaid, to the debted. municipality, it shall be the duty of the municipal council of each municipality indebted to the said fund, to pass a IND. LOWER CANADA CONSOLIDATED MUNICIPAL LOAN FUND. 169 ajesty, by lature of 'ernor m appoint a its due to lan Fund shall be fixed by thousand ienses. oner, ap- n of each \lunicipal debt due the said }s and all evidence ;ure such or the in- e held in report of I council, power to give evi- 3 in civil uification i, to the il council to pass a resolution, authorizing the mayor or warden and the secretary-treaaurcr of the said council, to issue, make and execute, in the name of the corporation, bonds or deben- tures for the amount due by the municipality to the said fund as established by the said commissioner ; which bonds or debentures shall mention : That they are issued under this act ; T^at the amount of the bond or debenture shall be pobenturei payable in one or in several payments, in currency or in .ZlrconuS.'^ sterling, or in the currency of the country m which they are payable, at such place, within or without this province, and at such time to be fixed by the municipality, not exceeding forty years from th? issuing of the debentures, provided that the annuity or sinking fund hereinafter mentioned, be eufiicient to pay the capital and interest within the time fixed ; The interest which shall be payable upon the sura mentioned in the said bonds or debentures, shall not exceed the rate of six per cent per annum ; The said debentures may be made with a sinking? fund, the investment of which from year to year in interest shall redeem the principal thereof at maturity, or they may be made upon the annuity system, w^hereby a portion of the principal shall be paid off, year by year, until the full payment of principal and interest is made ; and the said bonds or debentures shall be in the form prescribed by the Lieutenant Grovernor in Council, and they shall contain such other conditions which the Lieutenant Governor shall, by order in Council, prescribe to be inserted therein ; There shall also be entered upon the said bonds, that no interest shall be paid upon the sums due after maturity, if such bonds shall not be presented for payment at the place indicated. O. Such debentures shall be signed by the mayor orsy^. warden and by the secretary-treasurer of the council, in '''"*^ w.'ium 160 LOWER CANADA CONSOLIDATED MUNICIPAL LOAN FUND. To whom giren. Power of muni cipalities in- debted to borrow virtue of a resolution of the coancil, authorizing the issue of such debentures, and it shall not be necessary to pass a by-law to authorize the issue and signature of the said debentures. 7. Such debentures shall be hand»d to the treasurer of the province of Quebec, in settlement of the claim of the province, against the municipality, for the said fund and, when the amount of the said bonds or debentures shall be completely paid, the municipality indebted shall have a right to receive a discharge from the treasurer of the pro- vince for the sum due upon such loan. 8. Every municipality indebted to the said fund may, with the approval of the Lieutenant Governor in Council, pass by-laws to effect a loan or levy money to pay the amount due to the said Consolidated Municipal Loan Fund, and the money thus borrowed shall be payable at such time and in such manner and with such interest, as the by-law shall prescribe, and it shall not be necessary to submit such by-law to the approval of the electors. O. The secretary-treasurer, or the secretary, the treasurer and collector or other officers of any municipality so ndebted shall, with the view of providing for the payment of so much of the claim of the said municipal loan fund as may become due, in capital and interest, every year, upon each of such new debentures, fulfil the duties assigned to them by the acts respecting the con- solidated municipal loan fund, except that instead of the amount authorized by section 94 of the said chapter 83 of the Consolidated Statues of Canada, a sufficient sum shall be levied to pay the amount so becoming due. Basis of settle- I©. The following shall be the basis of settlement inent of muni- cipal loon, between the municipalities indebted to the municipal loan Duties of «ea retary-tceatu- rera. fund and the treasurer of the province acting on behalf * thereof, that is to say ; The said treasurer shall calculate 41 1 UNO. ' the issue J to pass a f the said easuver of aim of the fund and, Bs shall be all have a f the pro- and may, 1 Council, pay the 3an Fund, le at such st, as the i^essary to rs. treasurer pality so for the nunicipal interest, fuliil the the con- ?ad of the >ter 83 of lent sum lie. attlement jipal loan on behalf calculate LOWER CANADA CONSOLIDATED ML'NICIPAL LOAN FUND. Igt the interest, at the rate of five per cent per annum, for twelve years, upon the original amount, borrowed by each municipalit}', which said interest shall be added to the capital sum borrowed. From the amount thus established shall be deducted the payments heretofore made on account of interest or sinking fund, if any, and if such amount, or the balance thus ascertained, is paid by any municipality indebted to the said municipal loan fund, within three months from the sig-nification of the report of the Com- missioner upon the Council of such municipality, either in cash or in debentures of the municipality, issued under this act, the said treasurer shall grant an acquittance or discharge for the balance, left standing at the debit of such municipality, in the books of the Treasury iJepartmtiit ; Provided, however, that in cases where no interest is due by any municipality, the balance standing at the credit of such municipality in the Treasury Department bookf, upon sinking fund account, shall be deducted from the capital sum borrow^ed, and the balance, after such deduc- tion, m:iy be p lid in the manner and within the time mentioned in this section. II. No municipality, indebted to the said Consolidated Condition, Municipal Loan Fund, shall have a right to avail itself av'iroM of the provisions of this act, until such council and the "'"■ officers of such municipality shall have regularly executed and handed to the treasurer of the province the new- debentures above-mentioned ; but they shall, in case of refusal or neglect to hand over the said debentures, as if debenture, aforesaid, be obliged to pay, without delay, the total "or"aSt amount by it due to the consolidated municipal loan fund ; TZy^rti. the amount due may, however, be recovered under this act and in conformity wuth its provisions, as it may please the Lieutenant Governor in Council to order. la. If a loan has been effected upon the credit of the Consolidated Municipal Loan Fund, by a union of two or 11 Cape of loan by counties, ito., I 162 LOWER CANADA CONSOLIDATED MUNICIPAL LOAN FUND. under certain more countios, then united for municipal purposes, but cirouxnBtanceB which have been separated, before such loan shall have been paid, or by a municipality which has been sepai'ated since the loan, but before the repayment of such loan, and the said counties and municipalities, at the time of such separation, have agreed between themselves, in the man- ner prescribed by law, with respect to the share of the responsibility of each or any of them respecting the said loan, then such agreement shall be the basis upon which the said commissioner shall act, in ascertaining the liabi- lity of each of the said counties or municipalities, and the amount which each shall pay, or which shall be levied upon each, respecting such loan, in case of uon-payment of any sum which should be paid to the treasurer of the pro- vince, upon the said loan ; and every county or munici- pality, or part of a municipality, which shall have paid ils share of the liability so established, shall cease to be liable for the share due by any other county or municipality, or part of a municipalitiy united with it, at the time such loan was effected. Ap; tion- BJ?. If no agreement has been made between the muni- Agreement cipalitics as aforesaid the share of liability of each portion *th"e counties of sucli municipalities shall be divided in proportion to their valuation. Defeotofform, S S. All debentures, executed in virtue of this act, and tures, &<:., not haudcd to tlic trcasurcr of this province, shall be consi- them. dered valid, legal and binding upon the corporation, notwithstanding any defect in form or otherwise, which may be found in the said debentures or in the resolution authorizing their issue, and although such debentures may not be executed exactly in the form required by law, or notwithstanding any irregularity in the proceedings with reference thereto. Claima now duo are exigible. I»j. The claims now in force and due to the Consolidated Municipal Loan Fund by the said municipalities so indebted LOWER CANADA CONSOLIDATED MUNICIPAL LOAN FUND. Ig'o «lia]l not be considered as paid, discharged,, extinct or otherwise affected by this act, or by this issue of the said new debentures, but they shall remain in force and be exigible, until new debentures be issued under this act and thereafter, as collateral security, for the payment of the new debentures, issued under this act, and for the sums payable in virtue of such debentures ; and ^he said clai*ns, up to the amount of the said debentures, and the sums so guarantee i, shall continue to be and shall be a first •charge, as heretofore, upon the whole of the revenues of the municipality for whatever purpose, or under whatever by-laws they may have been levied. 16. The treasurer of the province of Quebec, may, with saie of deb.n- the approval of the Lieutenant Governor in Council, selllZur^r!'" the whole or any portion of tlie debentures so issued by •any such municipality, for such price, which may be deemed suitable, and the sums arising from such deben- tures shall form part of the consolidated revenue fund of this province. 17. If the said debentures are not sold by the treasurer Collection of of the province as afrocsaid. it shall be lawful for the i,aid upo^n^d'ebe^n- treasurer, at any time after the delay of one month after*""'""""''** the maturity of any part of the sum due, in virtue, of the said debentures, either for interest, sinking fund or capital, to cause the amount due upon the said debentures to be collected in accordance with the provisions of the said act, chapter 83 of the Consolidated Statutes of Canada ; but instead of the amount authorized by section 94 of the said chapter 83 of the Consolidated Statutes of Canada, a suf- ficient sum to pay the amount thus becoming due in ca- pital, interest and costs shall be levied, 18. All sums to be levied under this act, or under Ba,i« of aopor- chapter 83 of the Consolidated Statutes of Canada, shall beamrnrtot apportioned by taking as a basis, the valuation roll in force ''"'^' ! i!| I I 'JH 1^4 tOWER CANADA CONSOI.inATfiD MUNICIPAI. LOAN FOND". in the municipality at the titne when such suras are to be levied, notwithstandiiiff any thing to the contrary in the said chapter 83 of the Consolidated Statutes of Canada. Prwi«ion8 <»f 19. All thc provisions of the sdd chapter 83 of the Con- chap. 83 of C. • • i -ii e 8. c. not in- solidated Statutes of Canada, not inconsistent with any ot compatible, „ ■ . in • • p j i ii applicable, the provisions of this act, shall remain in lorce, and snali apply to the debts now due by the municipalities, an4 to- the new debentures which may be issued under this act. Powers and *20. For the purposes of this act, the powers and duties- Tinuilurrasu- conferred upon the Receiver General.by the said chapter 83' of the Consolidated Statutes of Canada, shall be exercised and performed by the treasurer of the province, those con- ferred upon the Governor, shall be exercised and per- formed by the Lieutenant Governor of the province, and the Lieutenant Grovernor may, by order in council, make such provision as may be found necessery to carry thiS' act into effect. Interpreta- tion : " Trea- •uror ;" «• Mayor ;' " Munioipal- 21. In this act, the word : " treasurer, " includes also the secretary or secretary-treasurer or the custodian of the registers of the municipality or the municipal corporation and the persons entrusted with the custody of the funds of a municipality ; The word : " mayor, " means equally the warden of any county ; The official title of any officer includes any person by whom the duties of such officer may be performed The word : " municipality," includes all local municipali- ties created and in existence before the passing of this act^ and all municipal corporations, in the province of Quebec, of counties, cities, towns, incorporated villages, townships, or unions of townships, parishes or unions of parishes, unions of parishes and townships, whether there are or are not villages in such unions, and all municipal corporations whatever, indebted to the said fund ; TAXES ON CERTAIN COMMERCIAL CORPORATIONS. 165 And the word : " sheriff, "includes all sheriffs in the judi-" sheriff." cial districts of the province of Quebec. 2«. This act shall come into force ou the day of its Act in foioe. fianctiou. 45 VICTORIA. CHAPTER 22. An Act to impose certain direct taxes on certain com- mercial corporations. [Assented to 21th May, 1882.] TTER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. In order to provide for the exigencies of the public T«xe» impo- cervice of this Province, every Bank carrying on theu-Vromr/r: l)usines8 of banking in this province, every Insurance ti ''°''^°"" Company accepting risks and transacting the business of insurance in this province, every Incorporated Cor pany -carrying on any labor, trade or business in this province, every incorporated Loan Company making loans in this province, every incorporated Navigation Company running a regular line of steamers, steamboats or other vessels in the waters of this province, every Telegraph Company working a telegraph line or part of a telegraph line in this province, every Telephone Company working a telephone line in this province, every City Passenger Railway or "Tramway Company working a line of railway or tramway in this province, and every Railway Company working a railway or part of a railway in this province, shall, annually, pay the several taxes mentioned and specified in section three of this act, which taxes are hereby imposed upon each of such commercial corporations .espectively. 166 TAXES ON CERTAIN COMMERCIAL CORPORATIONS. luterpretstion 2. The term "Bank" includes Savings Banks ; the tern* of certain ex- ° prevtioni. "Insurance Company" comprises Life, Fire, Inland, Marine,. Guarantee and Accident Insurance Companies, but does not include Mutual Insurance Companies organized under the laws of this province ; the term " Incorporated Loan Company " includes Building Societies ; and the term " Incorporated Company " does not include companies, publishing newspapers or periodicals. Amount of S. The anuual taxes, imposed upon and payable by the annual taxci upon : commercial corporations mentioned and specified in section one of this act shall be as follows : Ml ■ Hi- M I. . Banka ; Inauranoe Companies; I. BANKS. (a). Five hundred dollars, when the paid up capital of the bank is five hunds-"! thousand dollars or less than that sum ; one thousand dollars, when the paid up capital is from five hundred thousand dollars to one million dollars ; and an additional sum of two hundred dollars for each million or fraction of a million dollars of the paid up- capital from one million dollars to three million dollars ; and a further additional sum of one hundred dollars for each million or fraction of a million dollars of the paid up capital over three million dollars. (6). An additional tax cf one hundred dollars for each office or place of business in the Cities of Montreal and Quebec, and of twenty dollars for each office or place of business in every other place. II, INSUBANCE COMPANIES. (a). An insurance company carrying on solely the business of life insurance, five hundred dollars. (b). An insurance company carrying on any other kind of insurance, four hundred dollars, and when it combines two or more kinds of insurance, including life insurance, an additional sum of fi^^ty dollars for each kind of iuauranc© carried on beyond one. TAXES ON CERTAIN COMNfERCIAL CORPORATIONa 167 (c). An additional tax of one hundred dollars for each office or place of business in the Cities of Montreal and Quebec, and of five dollars for each office or place of busi- ness established in every other place. III. INCORPORATED COMPANIES. (a). One hundred dollars, with an additional sum of fifty Tnoorporated coinpaniei j dollars lor each tw^o hundred and fifty thousand dollars or , fraction of two hundred and fifty thousand dollars of the paid up capital of the companv over two hundred and fifty thousand dollars. (b). An additional tax of fifty dollars for each place of business, factory or workshop in the cities of Montreal and Quebec, and of twenty dollars i r each place of business, factory or workshop in every other place. IV. INCORPORATED LOAN COMPANIES. (a). A company with a fixed capital, four hundred dol- incorporated lars, with an additionnal sum of fi fty dollars for each panics ; million dollars or fraction of one million dollars of the paid up capital of the company, over one million dollars. [b). A company without a fixed capital, one hundred dollars. (c). An additional tax of one hundred dollars ior each office or place of business in the cities of Montreal and Quebec, and of fifty dollars for each office or place of business in every other place. V. INCORPORATED NAVIGATION COMPANIES. (a>. One hundred doll ".re v/hcn the paid up capital is incorporated one hundred thousand dollars or less; two hundred dollars compa^nlo"; when the paid up capital is from one hundred thousand dollars to five hundred thousand dollars ; with an additional sum of one hundred dollars foreachfive hundred thousand dollars or fraction of five hundred thousand dollars, of the paid up capital of the coiupany, over five 11 I It ]68 TAXES ON CERTAIN COMMERCIAr, COHPORATIONS. hundred thousand dollars ; but not to exceed a maximum of one thousand dollars. h VI. TELEGRAPH C ^MPANIES. Telegraph (q). One thousaud dollars. oompaniei ; (b). An additional tax of five dollars for each ofiice. Telephone companies ; VII TELEPHONE C0MPANIP:8. (a). Five hundred dollars. [b). An additional tax of one hundred dollars for the principal station in the cities of Montreal and Quebec, and of fifty dollars for the principal station in every other place. VIII. CITY PASSENGER RAILWAY OR TRAMWAY COMPANIES. City Pftwengor (^'i Fifty • lollars for cach mile of railway or tramway railway or ^ ' •' ' tramway com- ^Oj^gJ^ paniea ; Railway eom paaieg ; Taxes when payable. IX. RAILWAY COMPANIES. (a). The railway companies mentioned in the Schedule of this act, twenty dollars for each mile of railway worked (6). All other railway companies, five dollars for each mile of railway worked. 4. Such taxes shall be payable on the first juridical day of the month of July in each year. Towhomprin- Sf. The principal tax, hereby imposed, shall be paid an- cipal taxes are ,,. . , ,,i i-^-i- payable. nually to the license inspector of the revenue district in which the commercial corporation has its chief or head office ; and, in the event of it not having a chief or prin- cipal office in this province, to the license inspector for the revenue district of Quebec. To whom ad. The additional tax shall be paid annually to the license aJepTyabie?' inspector of the revenue district in which the office, place of business, factory or workshop, for which it is payable, is situate d= TAXES ON CERTAIN COMMERCIAL CORPOnATIONS. 169 6. If any such annual tax be not paid, the same may be Action for re- niivery ..f recorered with legal interest thereon from the date upon taxeg, if un- paid, which such tax became due, by an action brought, ii; his own name, on behalf of Her Majesty, by the license inspector of the revenue district in which such tax was payable. 7. All actions for the recovery of such taxes shall be Before what brought in the judicial district in which they are payable, ""' "^""^ either before the Circuit Court or the Superior Court according to the competency of the court with reference to the amount claimed. 8. Costs shall not be adjudged against the license inspec- Cojt* not to bt- tor in any action instituted by him under this act ; but on agiinstin- the recommendation of the tribunal, the provincial treasurer vi.«o as 'to oer- may, in his discretion, pay to the commercial corporation, in favor of which judgment has been rendered, the costs to which he may deem it equitably entitled. 9. The clerks or secretary treasurers of every municipal Return by clerlig, &a., to corporation shall annually, on or before the first dav of p'"c'v>noiai treasurer as to June, return to the provincial treasurer the names of all commercial corporation" in commercial corporations of the nature of those mentioned '^eir munici- palities. in this act, established or doing business within their re- spective municipalities, specifying the number of offices, places of business, factories or workshops of each ; and in default of so doing they shall severally be liable to a fine pine for do- of twenty five dollars, and in default of payment of such ^*" '' fine to an imprisonment of twenty five days. 10. The taxes imposed by this act shall form part of the Taxes form part of consolidated revenue fund of the province. consolidated Revenue Fund of Province. 11. Any proportion of such taxes may be applied, from Application of time to time, by the provincial treasurer, under the direc- taxes. tion of the lieutenant governor in council, to the payment of the expenses incurred for the carrvinjr out of this act. 170 Act in for«». TAXES ON CEUTAiN COMMERCIAL COnPOHATIONS. 19. This Act shall come into force on tho day of its sanction. SCHT^DTTLE. Railway Companies ton 'n;h Ih'. cc/struction of whose raihoays public moneys have been expended or have been (i/>propriated, either by this Province or by the heretofore Province of Canada. .'i ' Til' H: Canadian Pacific Railway Company, for that porcion, in the Province, of its railway extending froni Montreal to St. Jerome, Aylmer and Ottawa City, together with the St. Lin and St. Eustache Branches. Grand Trunk Railway Company of Canada for that portion of its railway in the Province. Montreal, Portland and Boston Railway Company. North Shore Railway Companj The International Railway Company. The Lake Champlain and St. Lawrence Junction Rail- way Company. The Missisquoi Valley Railway Company. The Montreal and Laurentian Colonization Railway Company. The Pontiac Pacific Junction Railway Company, for that portion of its railway in the Provinc. The Quebec Central Railway Company The Quebec and Lake St. John Railway Company. The South Eastern Railway Company. The Waterloo and Magog Railway C mpany. MARRIAOES LICENSES. 171 85 VICTORIA. CHAPTER 3. An Act respecting Marriage Licenses. (Assented lo 2Srd Decemher, "ISll.^ TTKR MAJESTY, by md with the advice and ojnsent. *--■- of the Legislatvxre ol Quebec, enacts as follows : 4. Every person fu/aishiiijr such licenses shall, for every «<> *8, of iicense, receive, from the person requiring the same the$8p!'y!!bi'e't!* Bum of eight dollars, out of which sum he shall retain for '^'"""""• himself, such portion, not exceeding two dollars, ap he lieutt'uant governor shall allow, and he shall pay over the remainder uf the said sxn,, to the treasurer of the province, at such t^rae or times as the said trt surer shall direct. &. The sums o paid over to the treasuvi^r shall by Money. t« b* him pai-' over annually, .it such time and in such manner ?o'!Ssupe^ that the same shall be apportioned among the Protestant [ioD.^'*"°*" institutions of sui)erior education, by the Minister of Public Instruction (now the Sup' rintendeint of Education) under authority of the Lieu enant Governor in Council, in addition to and in the saip-^ manner as any sums or aid gi anted by law for the purposes of i'rotestant Superior Education in this Province. 81 VICTORIA. ^HAPTKR 11. An Act respectinii: the Department of the Secretar .• and Registrar of the Province. [Asse/'fed to 24//t February, 1868.) TTER MAJESTY, by and with the advice and consent -*--*- of tho Legislature of (.^utbec, enacts as fVilcws : ' w -m:m^'m 172 FBE8 OF PnOVINCIAL SECRETARY AND REOISTRAII. Tsriir may b* mad*. Aeeounl uf VERNOR IN COUNCIL. ■f TTHEREAS official copies of orders in council are often ^ ^ aaked for by persons having a private interest therein, and that as there is no tariff of fees therefor they are furnished gratis ; It is therefore ordered by His Honor the Lieutenant G-overnor in council that, as indemnity for the additional work resulting from searches to be made and time occupied in copying and comparing the said documents, the folloAving tariff be adopted. For all searches of orders in council or other documents of record in the de- partment, w^hen the year is given $ 20 For searches when the date is not given for each year 20 For every copy of an order in council not exceeding five hundred words 1 00 For every hundred words over five hun- dred 10 QUEBEC OFFICIAL GAZETTE. For every copy and extract of all docu- ments, registers and other papers, being part of the archives of the de- partment, besides the,search as above, when such copy does not exceed five hundred words l 00 "When such copy exceeds five hundred words, for every additional hundred words 10 For every certificate annexed to such copy or extract of documents, registers or other papers as above 60 FfiLIX FORTIER, Clerk Ex.'Council. nl PROVINCE OF QUEBEC. secretary's 0FFIC7 Quebec, 11th January, 1869. J3UBLIC NOTICE is hereby given that the Quebec Official <>a«ette will be published at Quebec, on Sa- turday, the sixte*:«rt4( day ol January instant, and on every subsequent Saturday morning. All notices, documents and advertisements, mentioned in the Proclamation of the Lieutenant Governor, dated the twenty first day of December last, shall be published in the said Official Gazette. The said notices, documents and advertisements should be accompanied with a communication indicating the number of insertions, as well as the date or dates o{ tim publications. The said notices, documents or advertisements, trans- mitted for insertion, shall be in both languages, unless the 12 J 4 in Ml • 178 QUEBEC OFFICIAL GAZETTE. costs of translation be paid, and in the latter case the Queen's Printer incurs no responsibility. Communications should be addressed to the " Queen's Printer, for the Province of Quebec, at Quebec," and must be prepaid. Payment will be required in advance for the publica- tion of documents which are to bo inserted only once ; and for those which are to be inserted several times, payment of three quarters of the cost of publication will be re- quired in advance, and the balance before the second insertion. The notices, documents and advertisements received on the Thursday preceding, before ten o'clock in the morn- ing, will be inserted in the number of the Gazette of the following Saturday, I The price of subscription is fife dollars per annum, in- variably payable in advance, and no subscription for a shorter time than one year will be received. The terms for subscribing will commence on the first of January, April, July and October. Application to subscribe made in the interval, will be counted from the current quarter, and the numbers already published will be delivered, if possible. The said notices, documents and advertisements will be inserted on the following terms : — 1 insertion 8 cents per line. 2 «i , 4 '* " 8 " and every subsequent insertion 3 " " By order, PH. J. JOLICCEUR, Assistant-SecretarT. €, REVENUE Districts of the province. Executive Council Chambers. Quebec, 3rd February, 1871. Present : THE LIEUTENANT GOVERNOR OF THfl PROVINCE OF QUEBEC. TTTHEREAS in section one hundred and ninety six of the act passed at the last session of the Legislature of this province, chapter two, intituled: "The Quebec License Act, " the words "District" and "Revenue Officer," are declared to mean and refer to " District and^Revenue Officers" named and assigned by the Lieutenant Grovernor in council, under the tenth section of the " Treasury Department Act," and that in order to carry out the pro- visions of the said " Quebec License Act, " and to^ensure the efficient collection of revenue and the proper attention of the Revenue Officers, and for their guidance and instruction in the performance of their duties, it is necessary that the province of Quebec be dinded into districts, for revenue purposes, and that regulations be made for the due performance of the duties of the said Revenue Officers, It is ordered that the said Province of Quebec" be divided into twenty four districts for revenue purposes, to be described and named as follows : Revenue Districts : Abthabaska — to consist of the judicial district of Artha- baska ; Beauce — to consist of the judicial district of Beauce ; Beauhabnois— to consist oft) '.3 judicial district of Beau- harnois ; Bedford — to consist of the judicial district of Bedford ; BoNAVENTUBS — to consist of the coauty of Bouaventure ; 179 ;;' Jill 'j f4i IgO REVENUE DISTRICTS OF THE PROVINCE. Chicoutimi — to consist of the judicial district of Chicou- timi ; Gasp4 — to consist of the county of Gasp^, save and except the Magdalen Islands ; Ibebyille — to consist of the judicial district of Iberville ; JoLiETTE — to consist of the judicial district of Joliette ; Kamourabka — to consist of the judicial district of Kamou- raska, save and except the county of T6mis- couata ; M AGUALEN Islands — to consist oi that part of the district of Gaspe known as the Magdalen Islands ; MONTMAGNY — to con??st of the judicial district of Mont- magny; {as constituted by the Act 86 Vict., chap., 85. See Order in Council of Idth June, 1873.) , MoNTHEAL—to consist of the judicial district of Montreal ; Ottawa — to consist of the county of Ottav<,ra, in the district of Ottawa ; PoNTlAO — to consist of the county of Pontiac, in the district of Ottav^a ; QtJEBEC — to consist of the judicial district of Quebec ; {as constituted by the Act 86 Vict, chap. 86. See Order in Council of 10/A June, 1878.) Richelieu— to consist of the judicial district of Richelieu ; RiMOUSKi— to consist of the judicial district of Rimouski ; Saquenat— to consist of the judicial district of Saguenay ; St. Fbancis— to consist of the judicial district of St. Francis; < HEVENUE DISTRICTS OF THE PROVINCE. St. Hyacinthe — to consist of the judicial district of St. Hyacinthe ; Temiscouata — to consist of the county of Temiscouata, in the district of Kamouraska ; Terrebonne — to consist of the judicial district of Terre- bonne ; Three Rivers — to consist of the judicial district of Three Rivers ; And with regard to the above referred to allegations : — It is ordered that the several officers hereafter to be named for any of the said revenue districts, shall be understood to be named for and assigned to act, for the respective districts as above described, and all revenue officers shall be guided by the requirements of the said Treasury Department Act, and those of any other acts in force and by such orders of the Lieutenant Governor in Council, as are or may hereafter be passed, and of the Treasurer of the Province, as may from time to time be issued. That in case of any vacancy occuring in the office of any Revenue Officer, the Treasurer of the Province shall have power to authorize any other Revenue Officer, to act temporarily in any such district where a vacancy exists, and to perform all the duties thereof, until such vacancy shall be filled by the Lieutenant Governor in Council in the usual way. That the usual fees and percentage shall be allowed to the collectors ot Inland Revenue, respectively, for their services as have heretofore been allowed and paid, subject however to the provisions of law, in that behalf, as to amount of remuneration and to holding any other office or employment, and also subject to such orders in council, as may hereafter be isRued with respect thereto. 181 182 REVENUE DISTRICTS OF THE PROVINCE. That all Revenue Officers shall keep proper books of account, showing the number of licenses issued, the names of parties to whom licenses have been granted, the kind of license, the amount received for such license, and generally all such statements as may be directed by the Treasurer, to be kept, and such books shall be open, at all times, for the inspection of such officer or officers, as may be charged from time to time by him, to inspect and report upon the same. That such instructions and orders as may from time to time be given to any Revenue Officer by the Treasurer, as to the mode of keeping the books of account, as to rendering accounts of licenses issued and money received therefor, and as to payments of moneys into the Treasury Department, the inspection of houses and places of public entertainment, the publishing of lists of parties to whom licenses have been issued, annually or oftener, and any other matter or thing relating to the collection of revenue or appertaining thereto, shall be binding upon such Re- venue Officers, and that it shall be their duty to obey and carry out the same. That the oath mentioned in section nine of the Treasury Department Act, shall be takenby every Revenue Officer within thirty days after his appointment, and the same transmitted to the Treasury Department, which said oath may be administered by any Justice of the Peace residing in the district where the officer resides and to which he has been assigned. Ff:LIX FORTIER, Clerk Executive Council. STORAGE, &C., OF GUN-POWDER. Executive Council Chamber. Quebec, 14th February, 1871. Present : THE MKL'TENANT GOVERNOR IN COUNGII,. yiTHEREAS by the 115th section of the " Quebec Li- * * License Act," it is enacted that th« Lieutenant Go- vernor in Council shall, from time to time, make all neces- sary regulations, consistent with the provisions of this act, for the receipt, conveyance, storage and delivery of gun- powder," and by the 117th section, that " the regulations to be made in virtue of section 116 of this act, may impose penalties for all infractions thereof or for any infractions of the provisions of this act, relating to gunpowder, for which penalties are not already imposed." It is ordered by His Excellency the Lieutenant Gover- nor in Council, that the following regulations do come into force and have full effect of law, from and after the date of their publication in the Quebec Official Gazette. 183 Regulations for the receipt^ conveyance^ storage and delivery of gun- powder under the provisions of the ^ith Vict.^ ch. 2, section 115. 1. The Revenue Officer shall from time to time, at any reasonable hour, visit and enter any building or premises, wherein gunpowder is stored or kept for sale, or wherein he has reason to believe it to be stored or kept, and shall report any infractions of the law or of these regulations, which he may have discovered in any such visit or inspec- tion. 2. No gunpowder shall be conveyed through any street of the city of Quebec, except St Peter street, St. Paul street, St. Joseph street (St. Roch) to the city limits and in the city of Montreal, except St. Mary street as far as iM It- |.x. IbH 184 STOnAUE, kC, OF GUN POWDEH. Papineau square, and up Papineau road to the city limits ; when gunpowder arrives at the city of Montreal, by steam-boat, from the West, it must be landed at C6te St. Paul, and when by railway, it must be unloaded at the Tanneries ; in both cases, it must be carted by C6te St. Luke road to the magazine. 8. The vehicles carting gunpowder shall be kept at a distance of one hundred yards at least, from each other. 4. No gunpowder, over twenty five pounds weight, shall be conveyed and brought for being shipped on any vessel, railroad or conveyance of any kind, unless the kegs containing the same be packed in boxes or casks, without any combustible material being used in the packing of the said boxes or casks. 6. No larger quantity than five hundred pounds of gun- power, shall, at any one time, be kept on board of any vessel, railroad or other means of shipping or transporting, and no larger quantity than twenty five pounds thereof shall be in or on the said vessel, railroad or other means of shipping or transporting, unless the kags containing the same be packed in boxes or casks as hereinbefore provided. 6. No gunpowder, except as hereinafter provided for, shall be carried or conveyed, or be delivered at any place, or on board of any ship, vessel or railroad, unless the said powder be carried or conveyed in vehicles, which shall be duly numbered and approved of in the same marner hereinafter provided for, and which shall be of the follow- ing kind or description, to wit : closed and covered vehicles, the tops and sides of which shall be securely covered with tarpaulin or oil cloth, and the body of such vehicles shall be fastened with no other kind of metal, than copper, brass or zinc, the door of the said vehicles shall be closed, at all times, excepting when powder is put into or removed from the said vehicles, and the word " powder " in both English a ^ letters bu nAQE, ^1 , (iF Ot'NPOWDEn. h languages shall he painted in large i^^ • of the sn , *>! ' s. 186 7. No su vehicles shal be ' >cl i rry or convey gunpr ,'der or to deliver powil aulhoiity shall hkre bt'on )btained for each and everj year to that effect, And until the said rehi-^ s shall have been duly registered, at the office of th Re^ ae Officer, and a certificate and number obtained from that officer, for which certificate a fee of •five dollars shall be paid. The said number shall be fa8ten<>d to the said vehicle, in a conspicuous place, as shall b. rected by the Reve- nue Officer. 8. No person shall be allowed to drive any such vehicles without having previously obtained a permit from the Revenue Officer, who shall be entitled to a fee of one dollar for the same. 9. Large boxes, casks or packages, containing kegs of gunpowder, may be carted or conveyed on carts, trucks or waggons, such as are used for the ordinary purposes, provided, there shall be no other article, at the same time- in the vehicle with the said packages of powder, and pro- vided also that the same shall be well secured and cover- ed with a tarpaulin or oil cloth, sound and unbroken, with the word " powder " written in large letters on the outside thereof, and each box, cask or package shall moreover be marked on both ends or both sides with the word " powder " in large letters. 10. No person whatever, carting or handling gunpowder, shall have about his person or clothes any pipe, luciier matches or other substances of a dangerous or inflammable nature. 11. Packages, kegs or casks of powder shall be carefully cairied to and from the vehicles employed in the con- 13 !■ 1 i;i| !'i>i| % m o /a M IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 ■- IIIIM 112.2 m m '""^ LI |2.0 ||J.8 1.4 1.6 Photographic Sciences Corporation 4 V "Q '% V *" <^ %" 6^ 23 WEST MAIN STREET WEBSTEK.N.Y. U580 (716) 87i2-4503 ' ^ MP % m m >■ 186 STORAGE, &C., OF GUN-POWDER. veyance of the same, and the said packages, kegs or casks shall not be opened, nor powder removed therefrom, and the same shall be carried as aforesaid, and not rolled along the floor or on the earth. 12. "Whenever gunpowder shall be found in a larger quantity than twenty five pounds in weight within any building or premises against the provisions of the present regulations, the same shall be takoU in charge by any member of the Police force, by any Revenue Officer or any person authorized by the latter, and transferred to a licensed powder magazine, if there be one in the vicinity, ■ or otherwise kept in safe keeping, if there be not one, under an order of a Recorder or Judge of the Sessions of the Peace, or Police or District Magistrate, or a Justice of the Peace, until, in case of conviction, the fine hereinafter mentioned be paid, or until an order to release the same be granted by the justice or magistrate, before whom the charge has been brought. IS. Any person ofiending against any one of the provi- cions of these regulations, shall be liable to a fine not ex- ceeding two hundred dollars for each offence. (Certified), f£:lix fortier. Clerk Ex- Council. gs or casks relrom, and oiled along TABLE OF CONTENTS. in a larger within any the present ge by any s Officer or sferred to a he vicinity, be not one, Sessions ot' a Justice of hereinafter se the same J whom the if the provi- fine not ex- ;r, TC-CounciL British North America Act, 1867— Appropriation and tax bills Recommendation of money votes Appointment of executive officers Application of certain provisions to legislatures of provinces' Subjects of exclusive provincial legislation \ Property in lands, mines, &c Assets connected with provinciol debts ."..*.'. Canada to be liable for provincial debts Debts of Ontario and Quebec Assets of Ontario and Quebec Provincial public property Page 4 4 4 4 5 6 6 (J 7 i I J ^ n Grants to provinces Exemption of public lands from taxation Provincial consolidated revenue fund.. Appointment of executive officers for Quebec and Ontario..... 9 Powers, duties, &c . of executive officers '.' \ Act readjusting a.moumts payai.i.e to and chaiuuubi.e a.^ainst Provinces- Increase of sum fixed by British North America Act as to Quebec and Ontario Payment of subsidies in accordance therewtth Award of Arbitrators under section 142 of British North America Act, 1867 Judgment of Privy Council upon special case submitted as to award of arbitrators PUHLIC SCHOOL LANDS AND FUND FOR EDUCATION — Appropriation of land for common school fund 05 Appropriation of moneys arising from sale of lands ~n] Fund to be invested 2(j Fund not to be alienated for other numoisps I. ' ^ •'■ ■ 2o 11 11 12 II TARr.E OK CONTENTS. p. *" IN"- Paoe Public school lands and Fund for education {Continued] — Grant in aid of fund 26 Diri. on of grant between Upper and Lower Canada 27 Grant to cease after certain time - 27 Grant to make up deficiency 27 Reservation of certain sums for county improvements 27 Accounts to be laid before Parliament 28 Percentage of charge limited .. 28 Phovincial ExEcuTivK Council — Composition of Council 28 Number of officers and their titles 28 Their salary 29 ]'ower8, duties, &c., may be conferred on other members 29 TiiEASURY Department Act — Interpretation of words Formation of consolidated revenue fund. Expenses chargeable upon fund — Debts of province chargeable to fund Kecommendation of money votes 29 30 , 30 ■ 30 30 Appointments and salaries of revenue officers 31 Exemption of revenue officers from certain duties 31 Oath of revenue officers : 31 Division into revenue districts and regulations respecting officers 32 Officers designated by Lieutenant Governor propor officers 32 Place designated to be proper place 33 Kevenue officers removoable from one branch to another 33 Office hours 33 Books for statistics, &c., to be kept 33 Control of revenue officers 33 Payment of revenue to credit of treasurer 34 Accounting for public moneys 34 Moneys how deposited and paid out 34 Powers and duties of Treasurer 36 A eisi ant-Treasurer and Auditor and their duties 35 Accounts of the province how kept 35 Fiscal year 36 Annual statements of revenue and expenditure to be prepared 86 tablk of contknts. Ill Pare , 26 . 27 . 27 . 27 . 27 . 28 . 28 . 28 , 28 . 29 , 29 , 29 . 30 . 30 . 30 . 30 . 31 . 31 . 31 . 32 . 32 . 33 . 33 . 33 .. 33 . 33 ,. 34 . 34 ,. 34 . 36 . 35 .. 35 ,. 36 .. 36 Pagb TnEAsunv DuPAnxMENT Act {Continued) — Period for accounting may be altered 36 What period estimates are to cover 36 Different items to be contained in estimates 36 Certain balances of educational appropriation" 37 Surplus revenue , 3^ Loans !. w effected and ajplied 37 Expenditure how made ^ 38 Signature to checks 38 Departments through which moneys to be paid 38 Quarterly accounts to be rendered by certain institutions 38 Yearly accounts to be rendered By certain institutions 38 Annual returns by certain municipalities 39 To whom accounts, &c., are rendered j5<) Board of Audit — Board of audit and its duties 39 Composition of board 40 Replacing absent members r.. 40 Preliminary audit of certain accounts 40 Other accounts to be audited by auditor 40 Board to decide differences betw^een other members and auditor 40 Report to Treasurer by board 41 Regulations to be made by board 41 Board to report upon yearly statement 41 Examination of persons on oath •. 41 Method of compelling persons to attend upon board 41 Commissions to take evidence 42 Penalty for refusal to attend and testify 42 Special duties of Auditor 43 Issue of money warrants 43 Provision for issue of warrants in certain cases upon opinion of law of- ficer or in cases of urgency 43 Powers and duties of Auditor respecting such warrants 44 Treasurer to decide between auditor and board 44 Liability of Public Accountants — Penalty on failure to account 44 Notice to account and pay over ? 4fi il IV TABLE OF CONTENTS. Page Theasuiiy Department Act [Conlinucd] — Liability of Public Accountants {Continued) — Proceedings if money be not paid over or accounted for after notice... 45 Proceedings if account has been rendered without vouchers 46 Execution in certain cases without suit 46 Proceedings against person failing to apply public money 47 Liability of officers causing loss to public revenue 47 Dismissal of officer receiving bribe 48 Penalty against party bribing 48 Books, &c., held by officer to belong to Crown 48 Penalty for refusal to deliver such books 48 Other recourse not impaired 48 Who may administer oaths 49 Affirmation instead of oath in certain cases 49 Examination respecting revenue officers to b«e under oath 49 Penalties may be remitted 49 Statement of remission to be submitted to Legislature 50 K(»,covery of penalties 50 Application of penalties 50 Certains appointments valid 50 Tolls, Dues and Revenues imposed and collected on public works to be paid over by person receiving same to provincial treasurer.. 51 Sale of western section of Quebk.c, Montreal, Ottawa and Occi- dental Eailway — Price and conditions of sale 53 Sale of eastern section of Quebec, Montreal, Ottawa and Occi- dental Railway — Price and conditions of sale • 55 Appropriation of price of Quebec, Montreal, Ottawa and Occi- dental to payment of consolidated debt of the province Payment into certain funds 56 Application of part of price of western section 56 do do eastern section 56 Application of balance 56 Investment of partial payments 56 Interest how to be employed .,.., 5t TABLE Ot CONTENTS. Page Dtice... 45 46 46 47 47 48 48 48 48 48 49 49 49 49 50 50 50 50 ! works asurer.. 51 53 55 56 56 56 56 66 57 Page ArPROPRiATiON OP PRICE OF Q. M. 0. & O. (Continued)—- Price not to be applied to other purposes 57 Account to Her Majesty." 5Y Lieutenant Governor, a corporation sole ,58 Commission of Puhmc Offriers, Oaths of Office and Security to re given BY THEM — Upon demis',- of Crown, no new commissions necessary, but oath of allegiance to be taken 58 Rights of the Crown saved 59 Oaths of allegiance and oftieo to be taken 59 Form of oath of allegiance 59 Oath for faithful performance of duties 60 No other form to be used qq "Who may administer it qq When oath to be taken 60 Affirmation instead of oath 60 No religious test required 61 Guarantee policies of European Assurance Society may be accepted as security for public officers 61 Secuiuty to he given i!y Pl'hmc Officers- Interpretation of certain words Public officers required to give security Nature of such security Effect of hypothecary security Cancellation of hypothecary security Certificate of such cancelling Interest on deposit or stock security payable to surety Surety may withdraw after certain notice Property givt-n in security exempt from seizure , Certificate of treasurer evidence of breach Report as to sufficiency of sureties Forfeiture of office in default of security ; , Remission of forfeiture in certain cases What to be valid security To whose benefit security enures Security to be given, 11 suit taken at the iustance of a private party. 62 63 68 63 64 64 64 64 65 65 65 65 65 65 65 66 Vi TABLE OF 'oNTENTS. Page Secuiiity to be given by Public Officers (Continued) - Copy of bond to be given to person suing 66 Statement of securities given to be submitted to legislature 6^ Certain securities to be valid Q& Suitp in whose name brought 67 Superintendent of Education, his salary, and security required from him 67 Securities of certain judicial officers hovs^ to be given 67 Amount of security to be given by sheriffs, prothonotaries and clerks of the Circuit Court and registrars ol the registration divisions of Montreal West, Hochelaga and Jacques-Cartier 68 Guarantee assurance policy 69 Deposit security 69 Provisions respecting payment of premiums and renewals of policies.. G9 Returns as to Fees required from certain Officers — Certain percentage of fees to accompany such returns 70 Percentage to be sent by registrars in certain cases 71 Prothonotary in receipt of certain sum as fees to act as Clerk of the Crown and of the Peace without any remuneration 71 Percentage to form part of consolidated revenue fund 71 Salaries of public officers limited 71 Offices of Sheriff and Coroner — Security to be given by them 72 Amount thereof, as to coroners 73 Conditions of such security 73 Penalty on persons performing the duties of sheriff or coroner without having given security 78 Cases in which sureties will be exonerated 74 Sureties to remain bound for moneys levied under judgments 74 Sheriffs and coroners subject to C. S. L. C, cap. 12 and 32 Vic, cap. 9. 75 Responsibility of Sheriff for his deputies and bailiffs 75 Persons who have been sheriffs to surrender all papers, &c., to suc- cessor 75 Penalty Oil refusal 76 Penalty on sheriff for swearing falsely 76 Disposal of Crown's share of penalties 76 p AGE 66 66 66 67 67 67 68 69 69 tJ9 70 71 71 71 71 72 73 73 73 74 74 75 75 75 76 76 ho d from sions of olicies.. of the A'ithout cap. 9. to suc- TABLK OK CONTENTS. Salahies and Fees of certain Officeiis of Justice- vu Page Fees to form one fund up to 1861 77 NameofBuch fund 7g Salaries to be paid out to certain officers 78 Provision if offi(?es are filled by more than one person, and as long as so filled ^i Reduction if more than one office filled by same person 82 Criers to cease to receive fees ^2 Such fees to be collected by prothonotaries H2 Who account to provincial treasurer 82 Criers to receive fixed salaries 83 Which may be increased or diminished 83 Commissions, Payment of Salaries, Surplus of Funds, &c — Officers' commissions on sums collected 83 Salaries of officers and other charges to be paid out of the general fund 83 Surplus to form part of consolidated revenue fund 84 Additional salaries may also be paid out of such surplua 84 Such additional salary limited 84 Deputy Clerks — Appointment of deputies and their powers 84 Powers and duties of deputies 85 Deputies may be removed and others appointed 85 Principals responsible for their deputies 85 Each officer to have a sufficient number of clerks 85 Fee Funds established for Olfioers of Justice in the New Districts and in other Districts after 1st January, 1861 — Fees, &c., of judicial officers in the new districts to be funded 86 Exception, fees of criers how collected 86 Such fees to be separately funded for each district ; how to be applied 86 General fund and salaries to cease after Ist January 1861, except in Quebec and Montreal, and fee fund established for each district... 87 Provision as to Gasp6 87 Exception in favor of present incumbents 87 Surplus of fee fund in Quebec and Montreal to form part of Building V 1,1 Fund 87 vlll TABLE OF CONTENTS. Page fi\r,AiiiKH AND Fees ok cehtain Officers of Justice (Continued)— Fee Funds ostabliKhod, &c. {Continued) — Certain oilicers may be exempted from paying over fees or portion thert'of 88 Amount to be paid to clerks of the Crown and Feace in lieu of fees may be fixed 88 Accounts — Sheriff's commission included in 'salaries, fees, &c" 88 Accounts to be rendered and sworn to 89 S»'parate accounts lor each district 89 Tariffs of fees of officers of Superior and Circuit Courts to be made by Lieutonaut-Governor 89 Judges to make tariffs for* attorneys, &c 90 Commission to prothonotaries for collecting tax under 12 Vic, cap. 112. 91 Amendment to Quehec I^icense Law ok 1878 — Sale of liquors prohibited on certain days and during certain hours... 92 Liquors not to be drunk on premises 92 Fines 92 One condemnation for one offence, under License Law and 42-43 Vic. cap. 4 93 Amendment respecting licenses at mines 93 Sale of i.iyiou to Indians— Dominion Statute 43 Vic, cap. il8. PaWNDUOKEHS and PAWNHUOKINI} — 93 ^L±^|yU£j^ Rates to be taken by pawnbrokers 88 F'orging pawnbrokers' notes 99 Consi'quences of not giving account of goods offered to be pawned... 99 If Justice suspects goods to have been stolen 100 REOUFiATiONS under Municipal Code respecting the sc.le of intoxicating liquors 101 Regulations under Municipal Code respecting the storage of gun- powder and other explosives 104 Pagb ortion 88 f fees 88 88 89 89 made 89 90 7.112. 91 92 92 92 3 Vic. 93 93 93 88 99 ned... 99 100 eating 101 f ffun- 104 TABLE OF CONTENTS. IX Paob Stamps — To be issued under order in Council 106 For what purpose to be used 106 Not to apply to certain commissions 107 No commission on fees so paid , 107 What included by word " fees" 107 What included by word " officer" 108 No money to be received for fees 108 Proceedings invalid unless stamped 108 Cases of search provided for 109 No unstamped process to be served 109 Another stamp required whenever another charge is due 109 Court to notice want of stamp 109 Court may allow stamps to be affixed on certain terms 109 Eife( t of such order 110 Stamps to be obliterated 110 Fees or dues increased in certain cases • 110 Allowance to be made to purchasers 110 Governor may appoint sole vendor 110 Obligations of such persons Ill Allowance for spoiled stamps Ill As to stamps issued for special fund Ill Penalty for issuing, &(;., any writer proceeding without having it duly stamped 112 Penalty for not obliterating stamps 112 Application of fines 112 Proof in suits 112 Imitating stamps to be forgery, &c 113 Meaning of" revenue and revenue officer" 113 Meaning of "stamps, duties and duty, instrument to be stamped"... 114 Officers subject to the act 115 Certificate of registration or search to be stamped 115 Memorandum of search to be kept 115 Duties imposed on documents enregistered 116 By whom duties are paid and how 116 Duties upon writs of summons in certain courts 117 TA.nr,E or contents. " fti- I Paor Stamps (Continui'fl\ — Duties on promissory notes and exhibits 117 Instrument of no efl'eot unless stamped 117 Stamps to be cancelled 117 Officers deemed reveniae offic^^rs ''.1*1 Stamps to be supplied by treasurer 117 Assistant treasurer to have charge 117 Detailed accounts to be kept 118 Certain payments may be ordered to be made in stamps, and such payments are then to be so made 118 Orders may be amended or repealed 119 Stamps may be called in and others issued 119 Certain orders in council and statutes repealed 120 HuUSKS OK COHUECTION, COL'IIT lIOlfSES AND GOALS — i*und for repairing and payments thereto from 120 Police fines 121 Summary convictions under C- S. L. C, cap. 22 121 Surplus of certain lee fundc 121 Percentage of moneys levied under execution 121 Fines under juvenile offenders' Act 121 Fines onjiirors and witnesses 121 Fines under C. S. L. C. c. 26, s. 31 121 Fines under C. S. L. C, c. 109, s. 41 122 Certain tax levied under C. S. L. C, c. 109, s. 32 122 Portion of tax and fees under C. S. L. C, c. 93, ss. 14 and 15 122 Yearly contribution ol local municipalities 122 Contribution of cities of Quebec and Montreal 122 Contribution of Three Rivers and Sherbrooke 122 "When payable and how eulorced if not paid 122 Other sums 123 Annual contribution of municipalities not payable in certain cases 123 Fund 10 be received and disbursed by sheriff 123 Under what svxpervision 123 Provision for enlarging any court house and gaol 124 Sheriff to disburse the money 124 Contributions to fund may be diminished 125 PAfiR . 117 . 117 . 117 . ■'.17 117 . 117 . 118 1 , 118 . 119 . 119 . 120 . 120 . 121 . 121 . 121 ,. 121 . 121 . 121 . 121 . 122 122 . 122 . 122 . 122 . 122 . 122 . 123 . 123 ,. 123 . 123 . 124 . 124 ,. 125 TABt-E 01' CONTENTS. xi pACiR Hoi'SEs OK coniiKCTioN, &i(j. [Conlinued]— Certain fines under C. S. L. C, c. 105, 8. 85, c. 106, s. i4— to form part of fund 125 Certain fines and forfeitures to form part of fund 125 Site of court house and gaol fixed by Governor 125 Powers A'ested in certain sheriffs 126 Temporary accommodation in case of rebuilding , 126 Funds for rebuilding how to be raised 126 Court houses and gaols not reqiiired may be sold 126 Counties of Gaspe and Bonaventure to have special fund 127 Certnin sections apply to Gaspe 127 Chef-lieu of Gadpe may be cha!ige(' 127 Act 14-15 Vic., cap. 29 extended to Quebec 127 Special rate for purposes of this act may be imposed by corporation of Quebec or Montreal 128 Act not to affect 12 Vic., cap. 112 128 Tax may be imposed upon certain proceedings 128 Provision for maintenance of county courthouses 129 Tax to be collected only once 129 Certain powers not to be exercised ixnder this act if under 12 Vic, cap 112 129 As to surplus of tax 130 Recovery of penalties 130 Application of penalties 130 Penalties form part of general funds 130 Maintenance of r'HisoNEUs — Corporations held to pay for certain prisoners 131 Duty of the Sheriff 131 iNjspECTORs OF PRISONS TO MAKE certain regulations respecting diet, clothing and employment, &c., of prisoners 132 Regulations to be approved 132 Employment of prisoners outside gaols — Sheriff to keep list showing wages of prisoners 133 Revenues to be paid to Provincial Treasurer 133 xu TAHLE OF CO.VTKNTS. m» I "-k ' ¥4'> Page Maintenance of the insane — liy whom costs aro paid 134 List of insane to be annually furnished to sheriff by proprietor 134 Extract from list to be furnishod to proper municipalities by jherifT.... 134 Sheriff to collect amount from municipalities , 135 Municipalities have power to be reimbursed from certain relatives, &c. 135 Nature of claim 135 Pensions of puhlic e.mi'Loykes — Superannuation of public employees 136 Monthly deduction from salary 136 Payment of pension to employee 136 Fifteen years contiibrtion necessary 136 Education funds — Superior Education investment fund 137 Proceeds of investment fund and certain other revenues constitute the superior education income fund 137 Governor may order sale of portions of estates and re-invest proceeds. 138 Certain amount to be added to income fund : 139 How balance of fund shall be disposed of 139 Certain sum appropriated for the erection of buildings for Normal Schools 139 Proceeds of sale of unsuitable buildings to be added to Building Fund 139 How unexpended balance of the building fund shall be disposed of... 140 Appropriation for the salaries of Normal School teai hers 140 In case appropriation be insulfirient 140 .Appropriation of common school funds 141 Certain appropriations out of school grant 141 For poor municipalities 141 For Journal of Public Instruction 141 For Teacher's Superannuation Fund 141 Pensions for teachkus, I'kc— Stoppages from salaries to meet pension fund 142 Grant of certain sum by province 142 Stoppages to bo paid to provincial treasurer to form pension fund 142 Proviso if amount is insufiicieut 143 tahle of contexts. Xlll Page 134 134 leriff.... 134 135 res, &c. 135 135 136 136 136 136 137 tute the 137 roceeds. 138 139 139 Noniial 139 g Fund 139 iedof... 140 ... 140 140 141 141 141 141 141 142 142 ind 142 143 Page JlDICIAL AND OTHEn DEPOSITS- Treasury department to be general deposit office 143 Deposit receipt to be given 143 Receipt to be primd facie evidence 143 Certain ollicers to deposit sums oi'$l00 and over, and produce receipt 143 Sheriffs also , 144 Respecting Slims under 1100 144 Officers considered as agents ol' the treasurer 144 Coroners to deposit all sums received 144 Bailills to deposit sums exceeding l|100 145 How sums deposited with treasurer may be paid over 145 Money may be distribvited by consent 147 Debtor may deposit amount due his creditor in certain cases 147 Effect of such deposit 148 Payment to creditor by treasurer 148 Moneys in dispute may be deposited 148 How paid over H8 Receipt shall be registered if claim is so 148 Effect ol such registration 149 Treasury deposit agents may be appointed 149 Duties and powers may be regulated by treasurer 149 Agents are officers of courts 149 Accounts by judicial officers 149 Treasurer may regulate manner of deposits, accounts, &!• 150 Salaries of sheriffs of Quebec and Montreal fixed 150 Deposit may be seized by garnishment 150 Sureties may deposit amount of their suretyship and effect thereof..... 150 Responsibility of officers failing to comply with this act 150 Expenses respecting jtidicial deposits 151 Sums may be paid out of deposits of sums under flOO 151 Act to apply to certain officers 151 Return of certain unadjudged balances in hands of treasurer to be published annually in the Quebec Offidal Gazette 152 Quekn's i'uiNTi:n and Okficial Gazette — Conditions of publication and distribution of gazette ,..,, .. = ......... 153 Profits and accountability of Queen's Printer 153 XIV TAIILE OF CONTENTS. I si Page Consolidated municipal loan fund— Proceedings upon report of Treasurer to recover amount due by muni- cipality indebted 1^^ Rate to be levied by sheriff » 1^2 G-overnor may direct a less rate to be levied 154 Sheriff's duties ^^'^ When w^arraiit against effects of municipality may be issued 154 Proviso respecting separation of united counties 155 Settlement of L. C. Municipal Loan Fund- Appointment of commissioner and salary 158 Duties and powers Duties of municipal councils indebted 158 Debentures and what they must contain By whom signed To whom given Powers of municipalities indebted to borrow money Duties of secretary-treasurer Basis of settlement of municipal loan Conditions necessary to avail of this act If debentures are not paid over, amount may be recovered 161 Case of loan by several united counties, &c., under certain circum stances provided for Apportionment in case no agreement exists between these counties .. Defect of form, &c., in debentures, &c., not to invalidate them Claims due are exigible Sale of debentures by the treasurer Collection of amoun+ due upon debentures not sold Basis of apportionment of amounts to be levied 163 Certain provisions of C. S. L. C, cap. 83, to apply 164 Powers and duties of provincial treasurer Interpretation of words : treasurer, raayor,municipality Interpretation of word sheriflF l^^ 169 159 160 160 160 160 161 162 162 162 162 163 163 164 164 Taxes upon commercial corporations — Certains taxes imposed on Certain expressions interpreted 166 166 Ac TAni,R OF CONTENTS. XV Page 163 152 154 164 154 155 158 15B 168 169 159 160 160 160 160 161 161 162 162 162 162 163 163 168 164 164 164 166 , 166 166 Page .Taxes upon commercial ConponATiONs (Conlimied) — Amount of Taxes upon — Banks 166 Insurance companies , 166 Incorporated companies 1G7 Incorporated loan companies 167 Incorporated navigation companies 167 Telegraph companies 168 Telephone companies 16g City passenger railway or tramway companies 168 Railway companies 168 Date when tax shall be paid 168 To whom principal taxes are payable , 168 To whom additional taxes are payable 168 Action for recovery of taxes if unpaid 169 Before what court brought 169 Costs not to be adjudged against inspector 169 Proviso as to certain cases 169 Return by clerks, &c., to provincial treasurer as to commercial corpor- ations in their municipalities 169 Fine for default 169 Taxes form part of Consolidated revenue fund 169 Application of part of taxes 169 Mariuage Licenses — Amount of fees to be received by issuers of licenses, and sum to be paid over to treasurer 171 Monies how to be applied 171 Department of Secretary and Registrar — Tariff may be made for department 172 Account of monies received 172 Orders in Council — Tariff of fees for secretary's office 172 Tariff of fees for registrar's office I73 Additional tariff I74 r uriner lann 176 ■'' ^mk' xyi table of contents. Page Orders in Council (Continued) — Tariff of fees for office of executive council l'?^ Rates for advertizing in and subscription to Quebec Official Gazette and regulations respecting 1"' Revenue districts of the province established and certain regulations respecting revenue officers ^'^ Regulations respecting receipt, conveyance, storage and delivery of gunpowder Page 176 Gazette 177 ulations 179 ivery of 183