established for lands held Canada. and cage in any part of Lower Canada, or within the Counties of Missisquoi, pothecations Shefford, Stanstead, Sherbrooke and Drummond, by the said tenure or by any for certain other tenure, by a short and inexpensive and legal form of hypothecation; Be Counties, and it therefore enacted, that from and after the passing of this Act, a simple act of in free acknowledgment of indebtedness, executed and delivered before two witnesses, common soccage in Lower whereby the intention to hypothecate shall be manifest, shall be deemed to be a good and valid hypothecation of the lands or tenements, or real or immoveable estate or property therein described, of which the party hypothecating is at the time of the execution thereof, lawfully and by right seized as of his own property; and the said hypothecation so as aforesaid executed, shall to all intents and purposes give the party, in whose favor it shall be made, the like claim and privilege in and upon the real estate therein described, as if the same had been executed before Notaries according to the customary laws of Lower Canada, any law, usage, or custom, to the contrary, in any wise notwithstanding: And provided also, that the said hypothecation may be made in the following or any like words having the same import, " I, R. M. of hereby acknowledge myself to be in the lawful sum of justly and truly indebted to R. J. of cur rency, payable (here describe the terms of payment,) and for the better securing "the payment of the same, I do hereby hypothecate all that piece, parcel or lot "of Land lying and being in the (here describe the property,) together with all " and every, the houses, buildings and appurtenances thereon, or thereunto belonging, (as the case may be,) unto the said R. J., his heirs and assigns. In "testimony whereof I have hereunto set my hand and seal, at แ "the of "in the year on the "Signed, Sealed and Delivered in the presence of day of in C. D. A. B. { L. S. } XII. And be it enacted, that the period limited by the fourth section of the said in part recited Ordinance, for the registering of Memorials of the instruments, documents and claims therein mentioned, and subsequently extended by an Act of the Parliament of this Province, until the thirty-first day of December, in the year of our Lord one thousand eight hundred and forty-three, shall be and is hereby extended until the first day of November, in the year of our Lord one thousand eight hundred and forty-four, until and upon which day all such instruments, documents and claims may be registered by memorial, or at full length, with the same effect as if they had been registered within twelve calendar months Registrar to give public nofice of the preceding clause. from and after the day on which the said Ordinance came into force and effect, any thing in the said Ordinance to the contrary notwithstanding: Provided always, that any such instrument, document or claim, which shall not be registered in the manner required by the said Ordinance, or by this Act, upon or before the said first day of November, in the year one thousand eight hundred and forty-four, shall from and after the said day be inoperative, void and of no effect whatever against any subsequent bonâ fide purchaser, grantee, mortgagee, hypothecary, or privileged creditor, or incumbrancer for or upon valuable consideration, whose claim shall have been registered before the registration of such instrument, document or claim as first aforesaid. XIII. And be it enacted, that it shall be the duty of the Registrar of each County to cause the next preceding section of this Act to be read publicly at and posted on the Church door of each Parish in such County, in both languages, on the three Sundays next before the said first day of November, one thousand eight hundred and forty-four: Provided always, that any omission to give such notice as aforesaid on the part of such Registrar, shall not in any way invalidate any of the enactments of this Act, or of the said in part recited Ordinance. Preamble. 9 Geo. 4. c. 73, cited. CAP XXIII. An Act to detach Isle Bizarre from the Registration District of the WHE [9th December, 1843.] HEREAS the Island called Isle Bizarre, in the County of the Two Mountains, is now for all the purposes of the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to prescribe Act of L. C. and regulate the registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of charges and incumbrances on the same; and for the alteration and improvement of the Law in relation to the alienation and hypothecation of Real Estates, and the rights and interest acquired therein, within the Registration District of the Lake of the Two Mountains, and it is expedient that the said Island should hereafter, for the purposes of the said Ordinance, be within the Registration District of Montreal; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Coun cil and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the said Isle Bizarre shall, from and after the first day of January one thousand eight hundred and forty four, for all the purposes of the said Ordinance, form part of the Registration District of Montreal, as if it were part of the Island and of the County of Montreal, and Deeds, Instruments in writing or other documents relating to or affecting real or immoveable property within the said Isle Bizarre, and required to be registered under the said Ordinance, shall and may, from and after the said day, be registered at the Registry Office, in the City of Montreal; any thing in the said Ordinance, or in any Proclamation issued under the provisions thereof, to the contrary notwithstanding. The Isle Bi zarre detached ty of the Two from the Coun Mountains and annexed to the County of Montreal. CAP XXIV. An Act for taking the Census of the Inhabitants of Lower Canada, and for obtaining certain statistical information therein mentioned. WHE [9th December, 1843.] HEREAS the Census of the Inhabitants of Lower Canada, for the year Preamble. one thousand eight hundred and forty-two, as required by an Act of this Legislature passed in the fourth and fifth years of Her Majesty's Reign, intituled, An Act to repeal certain parts of an Act therein mentioned, and to provide for taking a periodical Census of the Inhabitants of this Province, and for obtaining the other statistical information therein mentioned, hath not been duly taken, nor the other Chap. 12. statistical information thereby also, required, duly obtained; and whereas it is of the greatest importance that such Census should be taken, and such statistical information obtained as early as possible; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that from and after the passing of this Act, it shall be lawful for the Governor of this Province, with the consent and advice of the Executive Council thereof, to nominate and appoint one or more competent persons, residing within each of the Counties of Lower Canada, to be Commissioners for the execution of this Act. Blank returns and copies of this Act to be fur nished to them, &c. II. And be it enacted, that the Commissioners so appointed, and each of them, shall be furnished without delay, by the Provincial Secretary for Lower Canada, with a sufficient number of Copies of this Act, and of the Schedule A thereunto annexed, and shall before the first day of the month of May next, in the year one thousand eight hundred and forty four, make or cause to be made an exact Census of the population of the Counties in Lower Canada, or Places therein, for which they shall be respectively appointed, and shall obtain the information rebe certified un- quisite to fill up correctly the several columns in their returns, which shall be made in the form of the Schedule A., hereunto annexed, and sworn to before one of Her Majesty's Justices of the Peace for the District, City or Town corporate in which such Census shall be taken in the form annexed to the above mentioned Shedule A., by the said Commissioners, respectively, or the persons employed by them for the said service, as hereinafter provided. Returns to der Oath. Assistants to Commissioners may be appointed. Persons re information fined. III. And be it enacted, that it shall be lawful for each and every Commissioner so appointed, for the purposes of this Act, to require the assistance of and to employ any professional man Officer of Militia, Church Warden, or any other competent person whatsoever, within the County or Place for which such Commissioner shall have been appointed, and it shall be lawful for such Commissioner and the Persons by him employed for that purpose, to visit every house within such County or Place, and to require of all persons, (those in actual service in Her Majesty's Army or Navy alone excepted) such information as may be necessary for filling up accurately the several columns in his Returns, according to the said Schedule. IV. And be it enacted, that any person being above the age of twenty-one fusing to give years, who shall refuse to give to any such Commissioner or to any person employed for the purposes of this Act by such Commissioner, the assistance so required, or the information so demanded by them or by any of them, or shall wilfully give false information to such Commissioner, or to such person concerning the same, shall, for every such offence forfeit and pay a penalty of two pounds ten shillings, currency, to be sued for and recovered in a summary manner, on the oath of at least one credible witness other than the informer before any one of the nearest Justices of the Peace, and to be levied by distress and sale of the offender's goods, under a warrant signed by the Justice before whom the offender shall have been convicted; and one half of the said penalty shall belong to Her Majesty, Her Heirs and Successors, and the other half to the person who shall have sued for the same. Returns to be made by As V. And be it enacted, that every person so appointed by such Commissioners, sistant within respectively, shall, within fifty days next ensuing the date of his appointment, make his return certified under oath as aforesaid, in the form of the said Schedule fifty days. A., A., for the place for which he shall have been appointed to act, to the Commissioners by whom he shall have been so appointed. sons. be VI. And be it enacted, that the said Secretary shall, with the shortest delay Copies of repossible after the reception by the Executive Government of the Return so order- turns to deposited in ed to be made by this Act, transmit certified Copies of the Return for each County the hands of certain perto be deposited with every Rector or Curate or Minister, and with the Municipal Clerk of each Parish, Extra-parochial place, or Township comprised within the limits of such County, or if there be no such Rector, Curate, or Minister or Municipal Clerk, then with the Senior Militia Officer therein, to be by him, them and their successors in office, respectively, kept for the use and inspection of all persons concerned. be transmitted Comm.is a certain pe VII. And be it enacted, that on or before the first day of June next, the said Returns to Commissioners shall transmit under their signature and in triplicate, and in the by form of the said Schedule, the returns to be made by them under this Act, to the sioners within Governor of this Province, and one copy of every such Return shall be laid before riod. each of the Branches of the Legislature within fifteen days after the opening of the then next Session, and the remaining copy shall be deposited in the Archives of this Province. Commission paid. Assistants how to be paid. VIII. And be it enacted, that the said Commissioners shall, respectively, on the receipt of their Returns as aforesaid, receive out of any unappropriated monies in ers how to be the hands of the Receiver General, by warrant under the hand of the Governor, as a remuneration for their respective services, the following sums, that is to say: for every inhabited house mentioned in the return, and situate in the Cities of Quebec and Montreal, or in the Towns of Three Rivers and Sherbrooke, or in any Village containing upwards of thirty houses, five pence currency; for every such house in the Country Parishes or Townships, ten pence currency; and the said Commissioners shall pay out of the monies so received to any person who shall have assisted personally in making the Returns for any Parish, Extra-parochial place, or Township, Ward or division of a City or Town, one third of the sum so received for every house mentioned in such return, and to any person who shall, unassisted by any Commissioner, have made and certified the returns of any Parish, Extra-parochial place, or Township, Ward or division of a Town or City, two thirds of the sum so received for every inhabited house mentioued in such return: Provided always, that any such person employed by any Commissioner, for the purposes of this Act, shall have been furnished by such Commissioner, with a copy of this Act, and of the Schedules A. and B., hereunto annexed, and with a certificate in the form of the Schedule C., hereunto annexed, distinctly describing the limits of the place for which he is to make such return, unassisted by such Commissioner. |